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(영문) 서울고등법원 2019.09.18 2018나2043249
청구이의
Text

1. In accordance with the claim that was changed in exchange by this court, the defendant shall pay to the plaintiff KRW 53,066,046.

Reasons

1. Basic facts

A. On May 2, 2015, the Defendant filed a lawsuit claiming damages against the Plaintiff on May 2, 2015, Seoul Central District Court 2015Gahap533694 (including the case of appeal against the first instance judgment) (hereinafter “pre-trial lawsuit”).

(2) On May 26, 2016, the Plaintiff paid the provisional payment to the Defendant under the judgment of the first instance court of the preceding lawsuit, and thereafter received money in accordance with the result of the judgment of the appellate court of the preceding lawsuit.

The results of the judgment in the preceding lawsuit and the details of giving and receiving money from the plaintiff and the defendant are as follows:

The preceding case number (date of declaration) - The text of the judgment of the appellant - The amount payable by the plaintiff to the defendant is the amount payable by the plaintiff to the defendant in the case of this case.

(1) The Seoul Central District Court 2015Da53694 ( May 20, 2016) - 523,750,834 won (the plaintiff in this case) and 5% per annum from June 10, 2015 to October 12, 2015, and 15% per annum from 205% per annum from the following day to 3.5% per annum from the date of full payment (the date of provisional execution; the same shall apply hereinafter) to the plaintiff (the defendant in this case; hereinafter the same shall apply) calculated at 581,578,66 won (the date of August 2, 2017) to the defendant in this case (the Seoul High Court 205Da16365, Jun. 26, 2016) to the 2016Da16375, Jun. 26, 2015 to the 2016.

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