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(영문) 서울동부지방법원 2015.01.08 2014가합12100
약정금청구의 소(판결의 시효연장을 위한)
Text

1. The defendant shall pay to the plaintiff KRW 154,00,000 and KRW 74,000 among them, from July 16, 2004, KRW 80,000,00.

Reasons

On July 28, 2003, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer and the payment of penalty with the Seoul Central District Court Decision 2003Da277635, Nov. 25, 2004, the Plaintiff stated that “The Defendant shall: (a) the Plaintiff shall perform the procedures for the registration of ownership transfer on June 7, 2002 with respect to the portion of KRW 660/4,959, out of USD 4,959, in the Guri-si Forest Land and fields, for the Plaintiff; (b) the procedures for the registration of ownership transfer on June 7, 2002; (c) the amount of KRW 240,000,000, among them; (d) the amount of KRW 160,000,000 from July 16, 204; and (e) the amount of KRW 20% per annum from October 16, 2004 to the date of full payment.”

B. The above judgment became final and conclusive on December 16, 2004 (the right to become final and conclusive in the part above, hereinafter referred to as “the claim of this case”).

After the conclusion of the above judgment, the defendant repaid to the plaintiff KRW 86,00,000, and appropriated the above KRW 160,000,000 among the bonds of this case for the repayment of principal.

The Defendant did not pay the remainder of the judgment amount to the Plaintiff up to the present day, and the Plaintiff filed the instant lawsuit for the extension of extinctive prescription.

Therefore, the defendant is obligated to pay to the plaintiff 154,00,000 won (=240,000,000 won – 86,000,000 won) and 74,00,000 won among them (=160,000,000 won – 86,000,000 won), calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 16, 2004 to the day of full payment.

Article 208(3)1 of the Civil Procedure Act (Judgment without Oral Proceedings) of the applicable provisions

1. Facts below the facts do not dispute between the parties, or evidence Nos. 1, 2, and 2-1 of the evidence Nos. 1, 2, and 2-1 of the evidence Nos. 1-1 (i.e., evidence Nos. 1-1-2), 2-2 of the evidence No. 1-2 (i.e., evidence Nos. 1-2), 3-1 of the evidence Nos. 3-2 (i. 2-2), 3-3-3 (i.e., evidence Nos. 2-2), 4-1, 2-6-1 through 5, 7-1, 4, 5, 6, 7, 8, 9, 16, 17, 8-1, 6, 7-1, 9-1, 1-2, and 10-1 of the evidence No. 7.

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