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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Under the judgment of the Gwangju High Court Decision 2010Na3949 Decided April 8, 201, the Defendant held against the Plaintiff the damage claim amounting to KRW 100,000,000 due to nonperformance of the duty to provide collateral for transfer (hereinafter “instant claim”).
The Plaintiff’s claim against the Defendant filed a lawsuit against the Defendant for the return of unjust enrichment with the Jeonju District Court 2009Gahap2025, and the said court rendered a judgment on November 18, 2009 that “the Defendant shall pay to the Plaintiff 55,234,863 won and interest rate of 20% per annum from September 26, 2009 to the date of full payment.”
The Plaintiff filed a lawsuit against the Defendant for the claim for restitution of unjust enrichment with the Jeonju District Court Decision 201Ga25253, and the said court rendered a judgment against the Plaintiff, on July 11, 2012, on the following grounds: “The Plaintiff’s claim for return of unjust enrichment against the Defendant was retroactively extinguished on February 19, 2003, which is set-off day according to the Defendant’s set-off defense, within the scope equivalent to the instant claim,” and rendered a judgment against the Plaintiff.
The Plaintiff filed an application against the Defendant for the determination of the amount of litigation costs related to the instant case, such as loans, etc. by this Court No. 2013Kab38, supra, and the said court rendered a ruling on March 19, 2013, stating that “The amount of litigation costs to be borne by the Defendant to the Plaintiff is 15,112,090 won.”
Plaintiff
In addition, the defendant's case number creditor's creditor's claim amount of execution bond(won), and the defendant Jeonju District Court 201TTT 8119 was 1,656,620 of this case's claim amount of 100,000,656,620 of this case's claim amount of 201TT 18303 of this court which received 201T 1,656,620 of this court's 201 or 8,014,000 of this court's 2009TT 2141 of this court and collection order's 209TT 57,595,690, 204Kaju District Court 2424.24.