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Defendant’s KRW 141,773,547 and KRW 16,143,297 among the Plaintiff’s KRW 16,29 and KRW 125,630,250.
Reasons
1. Facts of recognition;
A. On June 18, 2013, a conciliation was concluded that the Defendant filed a lawsuit against the Plaintiff for return of unjust enrichment in 2010 and received a judgment against the Plaintiff at the first instance court, and that “the Plaintiff shall transfer KRW 175,000,000, out of the remainder of the purchase price of gas stations against D to the Defendant” in the appellate proceedings filed by the Defendant.
The Daejeon High Court (Seoul High Court 2012Na1557, 5269, hereinafter referred to as "pre-trial mediation"). (b)
D) A lawsuit was filed against the Plaintiff seeking confirmation of existence of the obligation in relation to the contract for the purchase and sale of gas stations in 2015, and on September 7, 2016, the appellate court rendered a judgment that “any balance debt owed to the Plaintiff shall not exceed 185,569,770 won,” which became final and conclusive around that time (Seoul High Court 2016Na11309) by asserting that the Plaintiff embezzled the purchase and sale of gas stations, etc., and that the Defendant was subject to a provisional attachment of the Plaintiff’s claim for damages claim amounting to KRW 135,693,250 (the Daejeon High Court 2016Na10678, Sept. 3, 2016), and the said judgment was served on the obligor on September 3, 2016 (the Daejeon District Court 2016Da10678, Sept. 3, 2016).
3) On September 5, 2016, an independent party intervenor deposited KRW 40,00,000 in cash for the Defendant on behalf of the Plaintiff, a creditor, as a security for the provisional seizure of the instant claim on behalf of the Plaintiff on behalf of the debtor, Daejeon District Court Decision 2289, 2016. (c) The progress of a lawsuit for damages and provisional execution 1) the Defendant filed a lawsuit seeking damages against the Plaintiff on the ground of embezzlement due to the principal lawsuit against the instant provisional seizure against the instant claim. On January 11, 2019, the court of first instance declared that “the Plaintiff shall pay the Defendant KRW 91,53,930 and delay damages to the Defendant” was declared as a declaration of provisional execution.
Daejeon District Court Decision 2016Gahap1184, hereinafter referred to as "the first instance court").