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(영문) 부산지방법원동부지원 2020.05.21 2020가단200940
청구이의
Text

1. Compulsory execution against the Plaintiff, according to the Busan District Court Decision 2018Na61604 Decided July 5, 2019, and the Defendant.

Reasons

1. Basic facts

A. Defendant B filed a lawsuit against the Plaintiff for damages (e.g., damages) on Nov. 14, 2018. Defendant B received the judgment that “The Plaintiff shall pay to Defendant B 20 million won and interest thereon at the rate of 5% per annum from May 28, 2016 to November 14, 2018, and at the rate of 15% per annum from the next day to the date of full payment.” The Plaintiff appealed against the above judgment. The Plaintiff appealed on July 5, 2019 in Busan District Court Decision 2018Na61604, which is the appellate court, “Partial cancellation of the first instance judgment, and the Plaintiff was sentenced to 5 million won and interest thereon from May 28, 2016 to July 25, 2016 to the date of full payment,” each of which is calculated with the same rate of 15% per annum from the next day to the date of full payment.”

B. Defendant C and the Plaintiff filed a lawsuit against each other for damages with the competent court Nos. 201 (principal lawsuit) and 329793 (Counterclaim). On November 14, 2018, Defendant C and the Plaintiff were sentenced to the judgment that “the Plaintiff shall pay to Defendant C 1,50,00 won and interest thereon at the rate of 5% per annum from May 28, 2016 to November 14, 2018, and at the rate of 15% per annum from the next day to the date of full payment.” The Plaintiff appealed against the above judgment, and the appellate court, Busan District Court No. 2018Na61581 (principal lawsuit), which is the appellate court, to the date of full payment, the Plaintiff’s judgment against the Plaintiff was revoked, and the remainder of the judgment against the Plaintiff shall be 2015 million won to the date of full payment, and the Plaintiff’s judgment against the Plaintiff shall be dismissed from June 12, 2019 to the date of full payment.

7.3. Finality has been established.

C. Defendant B filed a motion against the Plaintiff for the determination of the amount of the litigation cost as to the lawsuit described in the foregoing paragraph (a) with this Court No. 2019Kag10391, and confirmed that the Plaintiff’s amount of litigation cost is KRW 557,950.

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