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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s previous judgment money claim 1) The Plaintiff was a company that executed the construction of the flower complex C in the Busan Metropolitan area D D, and the Defendant’s vinyl 5 and 6 (hereinafter “the instant vinyl house”) in the said flower complex from the Plaintiff in 2007.
2) The Plaintiff and the Defendant filed a lawsuit against the Plaintiff, etc. seeking refund of the sales price and damages from the cancellation of the sales contract of the instant vinyl, which was filed by the Plaintiff, as the Busan District Court 2008Gahap4394 (main office). Accordingly, the Plaintiff filed a lawsuit seeking unpaid sales price, etc. as the Busan District Court 2008Gahap12142 (Counterclaim).
3) On September 11, 2009, the above court accepted part of the main claim and dismissed the counterclaim. The court rendered a judgment that "the plaintiff is 50,685,447 won (= 46,00,00 sales losses amounting to 46,685,447 won) and 6% per annum from March 27, 2009 to September 11, 2009, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time. After the above judgment became final and conclusive, the defendant exempted the defendant from the sales losses amounting to 4,685,447 won among the sales losses amount, and the defendant's claims against the plaintiff were 46,680,000 won per annum from the day following the final judgment of the court below to March 29, 209 to the day of full payment."
(hereinafter referred to as “previous decision-making claim”). (B) Claim based on the above final decision.
According to the assignment order, the defendant collected part of the previous judgment money in accordance with the previous judgment, and 29,670,350 won out of the dividend payment claim that the plaintiff has against the Republic of Korea in Busan District Court E case as Busan District Court Branch of District Court 201TT 11851.