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(영문) 인천지방법원 부천지원 2018.12.04 2018가단3269
청구이의
Text

1. The defendant's decision on the return of the agreed amount by the Incheon District Court's 2013 Ghana43150 against the plaintiff.

Reasons

1. The facts of recognition were sentenced by the defendant to the above court on October 25, 2013 by filing a lawsuit seeking the return of agreed amount as stated in Paragraph (1) of the Disposition against the plaintiff, and "the plaintiff in this case shall pay 5.3 million won to the defendant in this case and 5% per annum from November 1, 2012 to October 23, 2013, and 20% per annum from the next day to the date of complete payment" (hereinafter "the judgment in this case"). The plaintiff filed a final appeal against the above judgment on April 14, 2014 with the Incheon District Court 2014Na6299, but it did not meet the requirements for subsequent completion of payment, and the plaintiff was not subject to a dispute as to the plaintiff's rejection of the appeal on November 20, 2014 as the whole, and the purport of the decision to dismiss the appeal by the plaintiff on March 13, 2016 to the defendant on the ground that it did not meet the requirements for subsequent completion of payment.

2. The Plaintiff’s assertion and judgment asserted that compulsory execution based on the instant judgment regarding the portion exceeding the remaining KRW 3.3 million should be denied, since the Plaintiff paid KRW 5.3 million out of the instant judgment amounting to KRW 5.3 million. Thus, according to the above acknowledged facts, KRW 2 million, which the Plaintiff paid after the date of closing of argument in the instant judgment, shall be 259,191 won out of the instant judgment amount pursuant to Article 479(1) of the Civil Act from November 1, 2012 to October 23, 2013 (i) (i.e., KRW 5.3 million x 3.57 days x (i.e., KRW 3., KRW 5.5 percent per annum x KRW 5.5 percent per annum; hereinafter the same shall apply), and damages for delay from October 24, 2013 to March 13, 2018 x 3.5 million per annum x 3.365 million per annum.

Therefore, the claim of the instant judgment amounting to KRW 8,211,574 [The amount of KRW 4,652,383 - KRW 2,59,191] and the principal amounting to KRW 5,300,000 among the claims amounting to KRW 5,30,000].

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