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(영문) 의정부지방법원고양지원 2019.04.17 2018가단93478
청구이의
Text

1. The Defendant’s Goyang Branch of the District Court 2015Kadan73152 (principal lawsuit), 2015Kadan76120 (Counterclaim), against the Plaintiff.

Reasons

1. The Plaintiff is obligated to pay to the Defendant 90,816,6230 won with interest rate of 15% per annum from March 8, 2015 to November 10, 2016, and 5% per annum from the following day to the date of full payment. The Defendant is obligated to pay to the Plaintiff 92,495,153 won, and 1,679,53 won among them, to the date of full payment, with interest rate of 15% per annum from the following day to the date of full payment. The Defendant is obligated to pay the Plaintiff 1,679,53 won per annum with interest rate of 90,816,6230 won per annum from August 15, 2016 to the date of full payment.

On the other hand, in order to determine the amount of the litigation cost that the Defendant is liable to reimburse to the Plaintiff according to the preceding judgment of this case, the amount of the lawsuit cost that the Defendant is liable to reimburse to the Plaintiff was determined to be KRW 9,402,430.

On November 5, 2018, the Defendant notified the Plaintiff that “The Defendant’s claim against the Plaintiff and the Plaintiff’s claim against the Plaintiff in accordance with the instant preceding judgment offsets the Plaintiff’s claim for confirmation of litigation costs, and that as a result, the Defendant paid KRW 23,344,831 to the Plaintiff remaining finally,” and that the notification reached the Defendant around that time.

After that, on November 14, 2018, the Plaintiff offsets the Defendant’s claims against the Plaintiff and the Plaintiff’s claims against the Defendant, and the claim for confirmation of litigation costs against the Defendant. As a result, the Plaintiff calculated the Defendant’s remaining claims against the Plaintiff as KRW 23,674,515, and deposited the amount of the claim (Seoul District Court No. 6689, Nov. 16, 2018; hereinafter “instant deposit”), and the Defendant withdrawn from the Republic of Korea without objection on November 16, 2018.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence and Eul 1 evidence, the purport of the whole pleadings

2. The plaintiff's claims against the defendant and the defendant's claims against the plaintiff under the prior judgment of this case are based on the prior judgment of this case at least.

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