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(영문) 수원지방법원용인시법원 2016.06.02 2016가단29
청구이의
Text

1. The defendant's compensation for damages against the plaintiff by Suwon District Court 2014Gapo2551 (the main claim).

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including additional numbers), the defendant filed a lawsuit against the plaintiff as to the damages claim No. 2014Gaso2551, and the plaintiff also filed a counterclaim against the defendant as to the damages claim No. 2014Gaso26908, Nov. 13, 2014, and the above court ruled that "the plaintiff shall pay the defendant money calculated at the rate of 12,912,481 won and 20% per annum from November 14, 2014 to the date of complete payment"

(3) The judgment of the court of first instance has been pronounced on July 16, 2015 and the judgment of the court of first instance has been pronounced on the grounds that the plaintiff appealed (the District Court 2014Na47181, 2015).

8. The facts established on July 24, 2015, the Plaintiff deposited KRW 14,921,875 with debt based on the instant judgment on August 24, 2015, and filed a lawsuit of demurrer against the Defendant under this Court Order 2015Gadan152, and the judgment dismissing compulsory execution based on the instant judgment only for the portion exceeding KRW 2,129,540, and the judgment became final and conclusive on December 16, 2015, and the Plaintiff deposited both KRW 2,076,067 and KRW 2,129,540 in accordance with the order of the instant case.

According to the above facts of recognition, since all obligations based on the judgment of this case against the defendant were extinguished, the plaintiff's claim of this case is justified.

(On the other hand, the plaintiff argues that the appraisal result which forms the basis of the judgment of this case was erroneous and that the order of the above judgment should be changed accordingly, and if it is intended to dispute the final judgment, it can only be asserted as a lawsuit for retrial only when there exists a ground for retrial. Therefore, the plaintiff's above assertion is rejected).

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