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(영문) 서울동부지방법원 2020.07.03 2019나28920
청구이의
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant’s Seoul Eastern District Court on October 2017.

Reasons

1. Facts of recognition;

A. On October 25, 2017, the Defendant filed a lawsuit against the Plaintiff for the claim for the agreed amount under this Court Order 2017Da126089. On October 25, 2017, the Defendant rendered a judgment that “the Plaintiff shall pay to the Defendant KRW 59,50,000 and the amount calculated by applying each rate of 5% per annum from June 13, 2017 to August 22, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive at that time.

B. In addition, the Defendant received a ruling to the effect that “The amount of the litigation cost that the Plaintiff is liable to reimburse to the Defendant by the instant judgment is KRW 2,083,422” on January 29, 2019.

C. On June 15, 2018, the Plaintiff paid KRW 30,000,00 to the Defendant. On April 23, 2019, when the first instance court of this case was in progress, the Plaintiff deposited KRW 34,969,030 with the gold No. 1021 in April 23, 2019, and on June 12, 2020, when the appellate court of this case was in progress, the Plaintiff deposited KRW 10,819,583 in repayment with the gold No. 1859 in 2020.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, 3-1, 7, and 8, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, KRW 30,00,00 as of June 15, 2018 shall be appropriated for 22,159,041 won out of principal (=30,000 won as of June 13, 2017 to June 15, 2018: interest rate of KRW 7,840,959 (=(59.5 million x 5.5%) from June 13, 2017 to June 15, 2018 x (5.5 x 71/365) x 19.5 x 15 x 297/365) and interest of KRW 34,969,03,00 from the principal amount of KRW 34,969,030 on April 23, 2019; KRW 2,3285,608,295,297,397,5,2947.207

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