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1. On November 6, 2019, Daejeon High Court Decision 2019Na11805 (Mains) and Decision 2019Na11812 (Counterclaim) against the Defendant’s Plaintiff.
Reasons
1. Facts of recognition;
A. The Daejeon District Court rendered a judgment on March 21, 2019 that ordered the Plaintiff to pay the construction cost of KRW 391,505,225 and delay damages to the Defendant, and both parties appealed as the Daejeon High Court Decision 2019Na11805 and 2019Na11812 (Counterclaim) (Counterclaim).
B. On March 27, 2019, the Defendant filed an application for a compulsory auction of real estate C with the Jeju District Court on March 27, 2019, and on April 30, 2019, for a compulsory auction of real estate D with the Suwon District Court Sung-nam Branch.
Meanwhile, the Plaintiff paid KRW 200,000,000 to the Defendant on April 9, 2019, and KRW 90,000,000,000 on April 12, 2019, and then filed an application with the Daejeon District Court for the suspension of compulsory execution under the above judgment of the first instance court as the Seosan Branch of the Daejeon District Court on April 22, 2019, and withdrawn it on May 7, 2019.
C. On November 6, 2019, the above appellate court rendered a judgment changing the judgment of the first instance on the purport that the Plaintiff shall pay the Defendant the construction cost of KRW 297,408,074 and the damages for delay calculated at the rate of 6% per annum from June 28, 2017 to November 6, 2019, and 15% per annum from the next day to the date of full payment. The court determined that the repayment of KRW 200,000 paid by the Plaintiff after the judgment of the first instance has no validity with the money paid to avoid compulsory execution based on provisional execution.
The Defendant appealed against the above appellate judgment, but on February 27, 2020, the appeal was dismissed, and the above appellate judgment became final and conclusive as it is.
(hereinafter the above appellate judgment is referred to as the “instant judgment”). D.
On November 22, 2019, immediately after the pronouncement of the instant judgment, the Plaintiff sent a content-certified mail containing a declaration of intent to offset the Plaintiff’s claims for refund of KRW 200,000,000, based on the Defendant’s instant judgment. At that time, the said content-certified mail reached the Defendant.