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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 17, 1994, the defendant (B) filed a lawsuit against the plaintiff for the claim of full payment amounting to Busan District Court 93Na5082, the plaintiff (A) was sentenced to the defendant (B) to pay 1,167,032,469 won per annum from February 22, 1992 to February 17, 1994; 5% per annum from the next day to the date of full payment; and 25% per annum from the next day to the date of full payment; and on May 25, 1995, the defendant (B) appealed as Busan High Court 94Na2985 and appealed as the "the plaintiff (A) was sentenced to 67,794,140 won and its amount from February 25, 1992 to 25.5% per annum; and the above judgment was sentenced to 94% per annum from the next day to May 25, 1995."
Afterward, the Defendant received payment of KRW 271,072,915 in the compulsory auction procedure against the Plaintiff. On May 11, 2005, on September 8, 2005, the Defendant (B) rendered a favorable judgment in favor of the Defendant (B) that “The Plaintiff shall pay to the Defendant 4,530,336,058 won and 1,234,826,609 won among them, with 4,234,826,609 won and 25% interest per annum from May 13, 2005 to the full payment date,” and became final and conclusive around October 6, 2005 (hereinafter the above judgment in 2005 referred to as “instant case”; and
Around September 3, 2015, the Defendant again filed an application for a payment order with the Changwon District Court (Seoul District Court Branch Decision 2015Da1517) to the Plaintiff, and then filed an application for a payment order with the Changwon District Court (hereinafter “the payment order for delay damages of 25% per annum from September 1, 2015 to the date of complete payment”) to the effect that the sum of KRW 1,127,240,674 out of the bonds transferred by the creditor deducted the sum of KRW 1,127,240,00,00 and KRW 650,00,00,00 and KRW 650,00,00,000, and KRW 6,942,559 as interest accrued until August 31, 2015, and KRW 1,234,826,609 as principal.” The above payment order for delay damages was filed from September 1, 2015 to the date of full payment.