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전주지방법원 2018.01.04 2017나4112
청구이의
Text

1. Revocation of a judgment of the first instance;

2. On June 9, 2016, the Defendant’s Jeonju District Court Branch Branching the Plaintiff on the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserts that if the plaintiff's claim for indemnity amounting to KRW 16,500,000 against the defendant and the claim amounting to KRW 175,00,000 against the defendant are offset on an equal amount with the defendant's claim for litigation costs, the claim for litigation costs, which are the claim for the decision of this case, shall be extinguished in entirety, and compulsory execution based on the decision of this case shall be rejected.

Accordingly, the defendant asserts that there is no claim against the defendant for reimbursement against the defendant.

B. The facts of recognition 1) The Defendant filed an application with the Plaintiff for the determination of the amount of litigation costs under the Jeonju District Court Branch Branch Branch Decision 2016Kao304, and received a decision from the said court to determine the amount of litigation costs that the Plaintiff is obligated to pay to the Defendant on June 9, 2016 as KRW 35,554,500, which became final and conclusive as it is (hereinafter “instant decision”).

(2) On February 5, 2008, the Plaintiff loaned KRW 70,000,000 to the Defendant on March 10, 2008, KRW 50,000,000 on March 10, 2008, KRW 10,000 on August 28, 2008, KRW 10,000 on August 28, 2008, and KRW 8,000,000 on August 12, 2008 at the Defendant’s request, and received reimbursement from the Defendant on August 20, 200, KRW 15,000 on September 11, 2008, from D.

(hereinafter “instant loan”). 3 The Plaintiff filed a lawsuit against the Defendant claiming KRW 315,00,000,000, including the instant loan, with the Jeonju District Court 2014Gahap8461, but was sentenced to dismissal of the claim on November 23, 2016.

The Plaintiff appealed to the Jeonju High Court Decision 2016Na12897, July 20, 2017, and this Court accepted part of the appeal on July 20, 2017, and rendered a judgment that “the part against the Plaintiff corresponding to the subsequent order of payment among the judgment of the first instance shall be revoked. The Defendant shall pay to the Plaintiff 5% per annum from December 30, 2014 to July 20, 2017, and 15% per annum from the next day to the day of full payment.”

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