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(영문) 서울북부지방법원 2017.01.19 2016가합1223
사취금
Text

1. The defendant shall pay to the plaintiff 306,192,473 won and 305,898,341 won among them from April 28, 2006 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim and final and conclusive judgment against the Defendant 1) Defendant C Co., Ltd. (hereinafter “C”).

(D) and D Co., Ltd. (hereinafter “D”).

2) On June 22, 2004, the Plaintiff filed a lawsuit seeking the payment of the amount of KRW 752,120,000 per annum from the following day to the date of the payment of the amount of KRW 752,120,00 in total by obtaining a discount on the bills issued or endorsed by C or D, or by allowing the Plaintiff to pay the construction cost at the construction site at the discount, and by obtaining a promissory note of KRW 98,00,00 in face value and KRW 98,15733. The Plaintiff filed a lawsuit seeking the payment of the amount of KRW 850,120,000 in face value and KRW 98,00 in face value and KRW 15733. The above court rendered a judgment to the Plaintiff on June 22, 2004, which became final and conclusive on July 27, 2002.

(hereinafter referred to as the “transfer final and conclusive judgment”). B.

(2) On October 28, 2003, the Plaintiff paid dividends of KRW 23,186,790,000 to the Defendant on March 22, 2004, and received KRW 200,000 from the Defendant on March 22, 2004 as well as KRW 735,130,557, in total eight times until April 27, 2006, such as the date of repayment and the column for the amount of repayment in the annexed sheet of repayment of claims.

In the plaintiff's brief dated 7 October 2016, the date on which the plaintiff received KRW 200 million from the defendant is March 28, 2004.

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