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(영문) 서울중앙지방법원 2016.08.26 2016나19892
추심금
Text

1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) expanded and added in the trial, shall be as follows:

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. C filed a counterclaim against the Plaintiff and the Defendant at the Seoul Central District Court 2012Gahap91151, and the Plaintiff and the Defendant filed a counterclaim against C with the same court 2013Gahap12975, respectively. On February 6, 2014, the said court rendered a ruling as follows.

(1) The Plaintiff and the Defendant jointly and severally pay C 10,978,733 won and the amount calculated by calculating 5% per annum from December 12, 2012 to February 6, 2014, and 20% per annum from the next day to the day of full payment.

2. C’s remaining main claim and the counterclaim by the Plaintiff and the Defendant are dismissed, respectively.

3. The costs of the lawsuit are assessed against C, the remainder is assessed against C, the plaintiff and the defendant, respectively.

C. 4. Paragraph 1 can be provisionally executed.

1. Of the judgment of the first instance court, the part concerning the plaintiff in the judgment, including the counterclaim claim extended at the trial court, shall be modified as follows:

C shall pay to the Plaintiff 35,67,903 won and the amount equivalent to 5% per annum from August 15, 2012 to April 3, 2015, and 20% per annum from the next day to the day of full payment.

B. C’s principal claim against the Plaintiff and the remainder of the counterclaim against the Plaintiff C, respectively, shall be dismissed.

2. C’s appeal against the Defendant is dismissed.

3. 20% of the total costs of litigation incurred by the combination of principal lawsuit and counterclaims between C and the Plaintiff shall be borne by the Plaintiff, the remainder by C, and the costs of appeal by C against the Defendant shall be borne by C.

4. Paragraph 1 can be provisionally executed.

B. On the above judgment, only C and the Plaintiff appealed, and the appellate court, the Seoul High Court 2014Na16557 (Main Office), 2014Na16564 (Counterclaim), the Plaintiff’s appeal was partially accepted, and the said court rendered a judgment on April 3, 2015 as follows.

(hereinafter “previous 2 Judgment”). Although C appealed appealed, the appellate brief was filed on August 6, 2015.

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