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(영문) 서울북부지방법원 2019.09.27 2019가단9535
손해배상금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 20% per annum from June 29, 2018 to September 30, 2015; and (b) October 2015 for the Plaintiff.

Reasons

1. The plaintiff filed a lawsuit against the defendant et al. against Suwon District Court Decision 2008Gadan61246, 2008Gadan61253 (merged), and the defendant et al. filed a counterclaim against the plaintiff as the contract price and the cancellation of the right to collateral security (each counterclaim). The court rendered a ruling on July 17, 2009 and rendered a final decision on August 8, 2009, as follows: the main contents relating to the instant case are as follows.

“The Defendant shall pay to the Plaintiff 10 million won and 20% interest per annum from June 29, 2008 to the day of full payment.” However, the Defendant shall bring a lawsuit again in order to interrupt extinctive prescription for ten years from the day the above judgment became final and conclusive to the day of full payment.”

2. A judgment with no basis for recognition (Articles 208(3)1 and 257(1) of the Civil Procedure Act) [Article 208(3)1 and Article 257(1) of the Civil Procedure Act] [In light of the purport of exceptionally allowing the instant lawsuit for the interruption of extinctive prescription of a claim based on a final and conclusive judgment despite the res judicata effect of the instant final and conclusive judgment, making a substantive judgment that changes the main text of the instant final and conclusive judgment contradicts res judicata effect (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010): Provided, That

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