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(영문) 서울중앙지방법원 2014.12.11 2014가합548774
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On August 20, 1985, the first final and conclusive judgment rendered a judgment that "the defendant shall pay to the plaintiff et al. money calculated at the rate of 30 million won by combining the plaintiff et al. and 6% per annum from December 31, 1985 to the day of complete payment" on the ground that the plaintiff and C (hereinafter "the plaintiff et al.") were issued and delivered a promissory note (hereinafter "the Promissory Notes") which is 29,273,482 at par value."

On August 21, 1987, the plaintiff et al. appealed as Seoul District Court 86Na322. Rather, according to the defendant's expansion of the defendant's claim, "the plaintiff et al. jointly and jointly paid the defendant 269,273,482 won and the amount calculated by applying the rate of 6% per annum from December 31, 1985 to August 21, 1987, and 25% per annum from the next day to the date of full payment." The above judgment was finalized on September 16, 1987.

(hereinafter “First Final and Conclusive Judgment”. The second final and conclusive judgment was final and conclusive on September 2, 1997. The Defendant filed a lawsuit against the Plaintiff, etc. for a promissory note payment claim under the Seoul District Court Decision 97Da108936, which became final and conclusive on September 28, 1997. The said judgment became final and conclusive on September 28, 1997.

(2) In order to suspend the extinctive prescription of the promissory note gold claims established by the final and conclusive judgment, the Defendant was sentenced to a provisional execution declaration stating that “The Plaintiff, etc. shall pay to the Defendant the amount calculated at the rate of 25% per annum from January 16, 2008 to the day of full payment, and from January 16, 2008, the amount of money calculated at the rate of 25% per annum from January 16, 2008 to the day of full payment.”

The defendant, the plaintiff, etc. are dissatisfied with the above judgment.

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