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(영문) 서울중앙지방법원 2017.02.10 2016가단25476
청구이의
Text

1. On September 16, 2015, Seoul Central District Court Decision 2014Na64560 (main office), and 2015Na36937 (Counterclaim) against the Defendant’s Plaintiff.

Reasons

1. In the Seoul Central District Court case No. 2013Gada1035325, Oct. 29, 2014, the judgment of October 29, 2014 that “the plaintiff and C shall jointly and severally pay to the defendant 5,163,739 won and the amount calculated by applying each rate of 5% per annum from June 28, 2013 to October 29, 2014, and 20% per annum from the next day to the date of full payment.”

In Seoul Central District Court Decision 2014Na64560 (principal lawsuit) and 2015Na36937 (Counterclaim), the judgment of the court of first instance on September 16, 2015, indicated KRW 3,479,00 as the initial decision of the court of first instance and the acceptance of part of the above counterclaim, but was corrected as KRW 3,379,000 on September 13, 2016 by 3,379,000 (Seoul Central District Court Decision 2013,1133, and 200,000 won with interest of KRW 3,379,000 from June 28, 2013 to September 16, 2015, the Defendant paid 200% interest per annum to the Plaintiff and 205% interest per annum from the following day to 205% interest per annum from September 16, 2015 to 205.

(hereinafter “ judgment in a prior suit”). In the judgment in a prior suit, the Plaintiff’s obligation to pay money was caused by a tort such as intrusion upon residence, and the Defendant’s obligation to pay money to the Plaintiff was caused by the tort of injury. The Defendant’s obligation to pay money to C was the obligation to return provisional execution money based on the judgment in the first instance court in the prior suit.

On March 3, 2016, this Court decided to accept the suspension of compulsory execution in the case of 2016Kadan121 upon the Plaintiff’s request.

Grounds for recognition: Evidence A, No. 1.

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