beta
Text
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts shall be deemed to have been led pursuant to Article 150(1) of the Civil Procedure Act:
A. On September 23, 2005, the Plaintiff filed a lawsuit against the Defendants for the payment of goods, and on November 30, 2005, the Defendants jointly and severally paid KRW 43,000,000 to the Plaintiff until November 30, 2005, but in the event of payment, a settlement recommendation decision was made with the content that the Plaintiff shall pay the Plaintiff the damages for delay calculated at the rate of 15% per annum from the date following the date of payment to the date of full payment (hereinafter “the settlement recommendation decision of this case”). The settlement recommendation decision of this case was finalized on November 10, 2005 for the Defendant A and on January 19, 206 for Defendant B.
B. On April 20, 2012, the Plaintiff requested a seizure and collection order with respect to the deposit claims against Defendant A Industrial Bank of Korea based on the original copy of the instant recommendation for reconciliation, which was enforceable on April 20, 2012. On May 4, 2012, the Plaintiff received the relevant decision (hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on the Industrial Bank of Korea on May 8, 2012.
C. The remaining principal of the claim as of August 25, 2017 based on the decision of recommending reconciliation in this case is KRW 43,00,000 and the damages for delay calculated by the rate of 15% per annum from December 1, 2015, the following day following the due date, is KRW 75,685,890.
2. The Plaintiff asserted that the Plaintiff filed a claim against the Defendants for payment of the total amount of KRW 118,685,890 (= KRW 43,000,000, KRW 75,685,890) and the principal amount of KRW 43,00,00,00 from the date following the payment date stipulated in the instant Reconciliation Recommendation Decision, to the date of full payment from December 1, 2005 to the date of full payment.
(In conclusion, the damages for delay calculated at the rate of 15% per annum from December 1, 2005 to August 25, 2017, among the claims filed by the plaintiff, were calculated in duplicate. 3.