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1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:
Defendant Counterclaim (Counterclaim).
Reasons
1. With respect to the first instance judgment that partially accepted the part of the counterclaim claim filed by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) among the counterclaim claims, the judgment of this court is limited to the part of the claim filed by the Plaintiff, since only the Plaintiff appealed to the part of the claim filed by the Plaintiff among the lost part (hereinafter “Defendant”), the judgment of this court is limited to the part of the claim filed by the Plaintiff (as at the second date for pleading, the appellate court made it clear that the Plaintiff did not file an appeal on the part of the counterclaim among the judgment of the first instance, on the second
A. On September 22, 2016, the judgment was rendered to the effect that “the Defendant shall pay to the Plaintiff KRW 5,133,000 and interest or delay damages thereon,” which read, “The Defendant shall pay to the Plaintiff KRW 5,133,00,000,” both of which are located between the Plaintiff and the Defendant in the Jungyang-si District Court of South Korea, 2016, and 2016 Ghana856 (Counterclaim).”
B. Both appeals (in the instant judgment, the District Court Decision 2016Na58974, 2016Na58981 (Counterclaim)) were dismissed on August 23, 2017, and the appellate court rendered a judgment that “the Plaintiff shall pay to the Defendant 7,211,864 won and money calculated by the rate of 15% per annum from July 22, 2016 to August 23, 2017” (hereinafter “instant judgment”) and the said judgment became final and conclusive on December 7, 2017.
C. On December 12, 2017, the Plaintiff deposited KRW 7,480,00 (the principal amount of KRW 7,211,864, and interest KRW 268,136) with the Seoul Eastern District Court Decision 5061 in order to repay the debt for which payment was ordered in the instant judgment (hereinafter “the first deposit”) (hereinafter “the first deposit”), and on January 15, 2018, the Seoul Eastern District Court deposited KRW 233,447,121 (the fact that the cause of deposit was stated as “the second deposit”) additionally (hereinafter “the second deposit”).
The defendant owned the plaintiff to the Seoul Eastern District Court E on December 19, 2017 according to the judgment of this case.