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Reasons
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(영문) 부산지방법원 2016.06.29 2015가합49838
청구이의
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1. The Defendant’s Busan High Court Decision 2014Na7322 (principal lawsuit) and the Decision 2014Na7399 (Counterclaim) on June 30, 2015.

Reasons

1. Facts of recognition;

A. A. A final and conclusive judgment 1) The Defendant filed a principal lawsuit against the Plaintiff, including the return of facility costs, etc., with this Court 2012Gahap10587, and the Plaintiff also filed a counterclaim against the Defendant for the return of facility costs, etc., as the court 2012Gahap11665. On December 1, 201, the Defendant of this case (Counterclaim Defendant) filed a counterclaim against the Defendant (the Plaintiff Counterclaim Plaintiff) with the Defendant for the amount of KRW 81,035,00,000 as to the Plaintiff of this case, and KRW 73,50,000 as to the amount of KRW 6% per annum from June 23, 2009 to September 25, 2014; and KRW 20% per annum from the next day to the day of full payment to December 5, 2010 to the day of full payment; and KRW 6% per annum from the next day to the day of full payment.

2. The Plaintiff (Counterclaim Defendant)’s principal claim and the remainder of the Defendant (Counterclaim Plaintiff) claim are dismissed, respectively.

2) The instant court dismissed the main claim on September 25, 2014, and partly accepted the counterclaim, and rendered a judgment with a declaration of provisional execution (hereinafter “ judgment of the first instance court”) as follows.

(3) The Defendant appealed with the Busan High Court Decision 2014Na7322 (Main Lawsuit) and 2014Na7399 (Counterclaim) on June 30, 2015, and the judgment of the first instance court is modified as follows: (a) The Defendant (Counterclaim Plaintiff) paid to the Plaintiff (Counterclaim Defendant) 66,90,000 won with interest of 5% per annum from November 1, 2014 to June 30, 2015 and interest of 20% per annum from the next day to the date of full payment; and (b) the Plaintiff (Counterclaim Defendant) paid to the Plaintiff (Counterclaim Plaintiff) 7,535,000 won and the remainder of the Plaintiff’s claim with interest of 7,535% per annum from the next day to the date of full payment, to December 21, 2010.

4) As to this, the Plaintiff is the Supreme Court Decision 2015Da44656 (principal lawsuit), 2015Da44663 (Counterclaim).

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