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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. Bo-Ba and the defendant's lawsuit 1) Bo-Ba Co., Ltd. (hereinafter " Bo-Ba")
(1) On August 30, 2011, Seoul Central District Court 201Kadan315150 (hereinafter “First Lawsuit”) against the Defendant (hereinafter “Defendant”)
(2) On May 12, 2011, the first instance court of the lawsuit No. 1 acknowledged that the Defendant agreed to pay KRW 42,608,380, and the Defendant rejected the Defendant’s assertion on the waiver of the construction payment, “The Defendant shall pay KRW 42,608,380, and KRW 5% per annum from September 7, 201 to August 16, 2012, and KRW 20% per annum from the next day to the date of full payment”. The first instance court of the lawsuit No. 1 acknowledged that the Defendant agreed to pay KRW 42,608,380, and the Defendant’s assertion on the waiver of the construction payment.
3. The Defendant appealed as Seoul Central District Court 2012Na47806, but among them, the Plaintiff and the Defendant received a seizure and collection order regarding the claim for the construction price against the Defendant of Boban, the appellate court confirmed on March 27, 2013 that the instant lawsuit is not pending on and after the date this decision became final and conclusive. This confirmed that the instant lawsuit is not pending on and after the date of this decision. This confirmed that the attachment and collection obligee against the Plaintiff, the collection obligee, or the entire creditor, etc., or the Plaintiff, against the Defendant, did not have any influence on the filing of the suit against the Defendant, and the said decision became final and conclusive around that time.
B. On December 29, 201, the Plaintiff filed a lawsuit against the Defendant for the claim for the purchase price of goods at this court No. 201Da454000 against the Defendant, and the decision substituting the conciliation becomes final and conclusive on May 17, 2012. Based on the foregoing, Bobi on July 10, 2012 from the Defendant.