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1. The Seoul High Court 2016Na2049298 (Main Office), 2016Na2049304 (Joint Office), 2018Na2003500 (Counterclaim) against the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 2, 2016, the Defendant filed a lawsuit against the Plaintiff seeking reimbursement and unjust enrichment, etc. on the grounds that the Suwon District Court rendered an Ansan Branch Decision 2014Gahap5279 and 2014Gahap5569 (combined). On June 2, 2016, the first instance court rendered a judgment to the effect that “the Plaintiff would pay to the Defendant KRW 606,853,976 and delay damages.” The Defendant’s remaining claims are dismissed (hereinafter “relevant first instance judgment”).
B. Both the Plaintiff and the Defendant were dissatisfied therewith, and the Seoul High Court (Seoul High Court 2016Na2049298, 2016Na2049304) filed an appeal. Meanwhile, the Plaintiff filed a counterclaim against the Defendant claiming a settlement amount as Seoul High Court 2018Na2003500.
On March 9, 2018, Seoul High Court: (a) paid KRW 420 million to the Defendant until September 30, 2018; and (b) paid damages for delay as to the unpaid amount in addition to delay, the Seoul High Court rendered a decision to recommend a compromise (hereinafter referred to as “a final decision to recommend a compromise”) to the effect that “the Plaintiff waives each counterclaim; and (c) the said decision to recommend a compromise was finalized on March 29, 2018.
C. On September 28, 2018, the Plaintiff deposited the deposited person as the Defendant the full amount of KRW 420,000,000,000,000 for the final and conclusive decision on recommending reconciliation of this case, with the Suwon District Court’s Ansan Branch was deposited as KRW 3396 in the year 2018.
On the other hand, on March 16, 2015, when the lawsuit of the court of first instance was pending in order to preserve such claim, the defendant received a decision of provisional seizure of the claim with the amount of 150,100,000 won which is equivalent to the rent as the claim claim from Ansan Branch of the Suwon District Court on March 16, 2015 (No. 2015Kadan5051), and on July 27, 2016, based on the original copy of the judgment of the court of first instance related to the above court of first instance, the above KRW 151,00 won is transferred to the original attachment and the remainder KRW 486,26,400 is transferred from the above court to the seizure.