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1. The Defendant’s KRW 8,969,863 as well as the Plaintiff’s annual rate of 5% from August 5, 2014 to January 22, 2015.
Reasons
1. Facts of recognition;
A. While the Defendant filed a lawsuit against the Plaintiff and Nonparty B for a claim for damages, etc. (the amount claimed: KRW 80 million; hereinafter “instant civil case”), the judgment dismissing the Defendant’s claim on November 29, 2012 was rendered, but the Defendant filed an appeal on October 1, 2013 (No. 2013Na895, Suwon District Court Decision 2015), and the appeal filed by the Defendant (Supreme Court Decision 2013Da82852) was dismissed on January 23, 2014.
B. In addition, the Defendant filed a criminal complaint against the Plaintiff as the crime of embezzlement in relation to the instant case, and the Prosecutor brought a public prosecution, but the Defendant was found not guilty on July 19, 2012 (U.S. District Court 201No4291). The Prosecutor filed an appeal (U.S. District Court 2012No3540), but the dismissal judgment on November 22, 2012 became final and conclusive on the 30th of the same month.
(hereinafter “instant criminal case”). C.
On the other hand, with respect to the instant civil case, the Defendant received and executed a provisional seizure order against real estate owned by the Plaintiff by Suwon District Court No. 201Kadan3550 and 201Kadan4852 on August 29, 2011. The Plaintiff received a decision to dismiss and revoke execution of the provisional seizure of real estate. After the judgment in favor of the instant case became final and conclusive, the Plaintiff was returned to Suwon District Court KRW 80,000,000 as well as KRW 1,890,410 as a basic interest and KRW 1,890,410 as of May 16, 2014.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 4 through 9, 11 (including virtual numbers), the purport of the whole pleadings
2. The assertion and judgment
A. 1) The plaintiff's assertion on the claim for damages due to provisional seizure 1) revoked the execution of provisional seizure against real estate by obtaining a loan from the bank. The plaintiff's claim is filed with the defendant for compensation of KRW 22,870,717,717, which is the amount equivalent to the interest he/she assumed from August 29, 201 to May 16, 201, which is the date of deposit collection, deducted from KRW 24,761,127, which is the amount equivalent to the interest he/she assumed from May 16, 2014.