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1. The Defendant’s Seoul High Court Decision 2016Na945 decided October 25, 2016 (hereinafter “Seoul High Court”) against the Plaintiff is based on the judgment on the collection amount case.
Reasons
1. Basic facts
A. On July 21, 2015, the Defendant filed a lawsuit against the Plaintiff to pay USD 200,000,000 to the Suwon District Court (2015Gahap1477). The Suwon District Court rendered a judgment dismissing the Defendant’s claim on December 16, 2015.
Accordingly, the Seoul High Court appealed as Seoul High Court Decision 2016Na945 on October 25, 2016, the Seoul High Court rendered a judgment that “The first instance judgment is revoked, and the Plaintiff shall pay 200,000 U.S. dollars and 15% interest per annum to the Defendant from September 9, 2016 to the date of full payment” (hereinafter “instant judgment”).
As to this, the Defendant appealed by Supreme Court Decision 2016Da47591, but the appeal was dismissed and the judgment of this case became final and conclusive.
B. On November 11, 2016, according to the instant judgment, the Defendant filed an application for a compulsory auction against the land of Suwon-si, the Plaintiff, as Suwon District Court D, for a compulsory auction on the land of Suwon-si, the Plaintiff owned.
C. On February 3, 2017, the Plaintiff made the Defendant as the principal and interest of the instant judgment at the Seoul Western District Court in 242,580,698 won [228,70,000 won in principal (i.e., USD 200,000 in principal] x KEB as of February 2, 2017, but at the rate of 1143.50 won in the final public notice of the Bank at the rate of 1143.50% in the public notice of the Bank, 13,880,698 won in delay from September 9, 2016 to February 3, 2017], the Defendant as the principal and interest of the instant judgment at the Seoul Western District Court in 2017 (i.e., KRW 3,467,53 won in the auction deposit at the Suwon District Court, 2,002,49 won in total, 304,25484,2845
The Defendant filed an application with the Suwon District Court for the determination of the amount of litigation costs for the collection amount in Suwon District Court Decision 2015Da14777, Seoul High Court Decision 2016Na945, Supreme Court Decision 2016Da47591, May 22, 2017; the Suwon District Court Decision 2015Da14777, Seoul High Court Decision 2016Na9455, May 22, 2017; and the Supreme Court Decision 2015Da14777, Seoul High Court Decision 2016Na945.