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1. The defendant's petition for retrial is dismissed;
2. The costs of retrial shall be borne by the defendant.
Reasons
1. The following facts are apparent in the records or are significant to this Court:
On October 16, 2013, the Plaintiff filed an application against the Defendant for a payment order claiming for the payment of loans of KRW 80,000,000 and delayed damages, as loans of KRW 80,000,000, and the above court rendered a payment order accepting the Plaintiff’s above application on November 19, 2013. The Defendant filed an objection against the above payment order on November 27, 2013, and the above case of filing an application for the payment order was transferred to the above court’s claim for loans (hereinafter “instant lawsuit”), and the above court rendered a judgment dismissing the Plaintiff’s claim on September 30, 2014 (hereinafter “instant judgment”).
B. On January 22, 2016, the Plaintiff appealed with Suwon District Court Decision 2014Na40531, and the said court accepted the Plaintiff’s appeal and rendered a judgment citing the Plaintiff’s claim in entirety (hereinafter “instant judgment subject to a retrial”) with the purport that “the Defendant shall pay the Plaintiff KRW 80,000,000 and interest thereon, calculated at the rate of 15% per annum from July 11, 2008 to November 22, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment subject to a retrial”).
C. After that, the instant judgment subject to a retrial became final and conclusive on February 13, 2016, by failing to file a final appeal.
On the other hand, C was issued a summary order of KRW 2,00,000 (hereinafter “instant summary order”) on the grounds of criminal facts that he/she took an oath and gave false testimony at the appellate court prior to the review of the instant lawsuit as a witness at the appellate court prior to the review of the instant lawsuit, which became final and conclusive on July 21, 2016 without undergoing the formal trial procedure, as it became final and conclusive on June 21, 2016.
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