(영문) 울산지방법원 2019.01.17 2018나1346 | 리걸엔진

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(영문) 울산지방법원 2019.01.17 2018나1346

계 납입금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Defendant agreed to pay the fraternity to the Plaintiff on the 21st day of each month during the 30-month period from the date of receipt of the fraternity, after joining the successful bidder operated by the Plaintiff as a leading owner as follows.

① A successful bid for a fake bid in the amount of KRW 30 million on February 29, 2012: To receive KRW 12.9 million on April 30, 2012; ② to receive KRW 30 million on April 10, 2013: to receive KRW 14.35 million on June 12, 2013; ③ to receive KRW 42 million on December 21, 2013: to receive KRW 19.3 million on January 24, 2014.

B. From August 2014, the Defendant did not pay the deposit amount of each of the above accounts.

C. On May 2015, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 17,909,000 in total, and damages for delay, of each of the above circles that the Defendant did not pay by May 2015.

On October 19, 2016, the Ulsan District Court rendered a judgment accepting all the claims of the plaintiff (Ulsan District Court 2015Gaso259555). The defendant appealeds against this, but on September 14, 2017, the appellate court rendered a judgment dismissing the defendant's appeal on the ground that the defendant's obligation to pay the above payment amount is recognized as the defendant's obligation to pay the payment amount of the deposit amount of KRW 900,00 (No. 1), KRW 8,808,00 (No. 2), KRW 8,225,00 (No. 3), and the appellate court rejected the defendant's appeal on the ground that the defendant's obligation to pay the payment amount is recognized.

(Ulsan District Court 2016Na4518) The above judgment became final and conclusive around that time.

(hereinafter referred to as the “pre-payment suit”) D.

③ From June 2015 to June 2016, 2016, the sum of the amounts that the Defendant did not pay is KRW 14,951,00,00 as indicated in the “the detailed statement of the unpaid amount of deposit” as shown in the separate sheet, excluding the portion for which the Defendant’s obligation to pay the deposit amount has been recognized in the preceding lawsuit among the aforementioned limits (hereinafter “instant successful bid amount”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination:

유사 판례

-울산지방법원 2017.09.14 2016나4518

-서울중앙지방법원 2013.05.23 2012고정2667

-서울고등법원 2016.06.09 2015나2034459

-부산지방법원 2014.11.20 2012가단41683

-대전지방법원 2015.09.09 2014나114