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1. The judgment of the first instance, including the plaintiff's claim that has been changed in exchange at the trial, shall be changed as follows:
Reasons
1. Basic facts
A. The Defendant’s previous judgment money claim 1) The Plaintiff was a company that performed the construction of the Cream Complex Construction Work in Busan Metropolitan Government D D, and the Defendant was a vinyl house listed in the separate sheet from the Plaintiff in 2007 (hereinafter “each vinyl house of this case”).
2) The Plaintiff and the Defendant filed a lawsuit against the Plaintiff, etc. seeking refund of the sale price and compensation for damages upon cancelling the sales contract of each of the instant plastic houses. The Plaintiff filed a lawsuit seeking unpaid sales price, etc. as Busan District Court 2008Gahap4394 (main office). The Plaintiff filed a lawsuit seeking unpaid sales price, etc. as Busan District Court 2008Gahap12142 (Counterclaim).
3) On September 11, 2009, the above court accepted part of the main claim and dismissed the counterclaim, and sentenced the plaintiff to the defendant 50,685,447 won (=46,00,00 sales losses amounting to 46,685,447 won) and the annual interest rate of 6% from March 27, 2009 to September 11, 2009, and the annual interest rate of 20% from the next day to the day of full payment. The above judgment became final and conclusive around that time. After the above judgment became final and conclusive, the defendant exempted the defendant from the sales losses amount to 4,685,447 won among the sales losses amount, and the defendant paid 46,685,447 won to the plaintiff from March 29, 209 to the day of full payment.
(hereinafter referred to as “previous decision-making claim”). (B) Claim based on the above final decision.
According to an assignment order, one of the previous claims shall be recovered from the Busan District Court's Dong Branch 2011TTT 11851, which was based on the previous judgment, and the plaintiff's dividends payment claim against the Republic of Korea in Busan District Court E case 29,670.