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(영문) 서울중앙지방법원 2018.10.26 2018가단5070284
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff on the claim for the agreed amount under this Court’s 2015da527190, and this Court rendered a judgment as follows on August 18, 2016.

1. The defendant (the plaintiff in this case; hereinafter the same shall apply) has against the plaintiff (the defendant in this case; hereinafter the same shall apply) :

(a) 50,600,000 won and 28,600,000 won among them shall be paid 15% per annum from September 1, 2015; and 22,000,000 won from May 24, 2016 to the date of full payment;

B. From June 10, 2016, the payment shall be made in 2,200,000 won per month on the 10th day of each month from the 10th day of June, 2016 to the first day of the date of re-admission in C of the Plaintiff or the Defendant’s Death, or the date of bankruptcy or liquidation of C of a Stock Company.

B. Although the Plaintiff appealed against the above judgment, this court rendered a judgment dismissing the appeal on July 12, 2017, and the above judgment became final and conclusive as it is.

(hereinafter referred to as “instant final judgment”) C.

On August 14, 2017, the Plaintiff issued a final and conclusive judgment to the Defendant under Article 1-A of the instant final and conclusive judgment.

63,030,601 Won, which is the amount of up to that time under this subsection, and the order No. 1-b.

From June 10, 2016 to August 10, 2017, the sum of KRW 33,000,000 (=2,2200,000 x 15 months) paid all KRW 96,030,60,01 for 15 months.

[Ground of recognition] Unsatisfy and described in Gap evidence 1 to 3

2. The Plaintiff asserted that he had the Defendant re-entered into C Co., Ltd. (hereinafter “instant company”) in accordance with the final judgment of the instant case, and implemented all measures accordingly, but the Defendant refused to re-enter into the instant company on unjustifiable grounds.

This is because, even though the plaintiff fulfilled the obligation to re-enter the defendant to the non-party company, or provided the non-party company, it becomes impossible to perform the obligation due to the defendant's rejection of receipt. Therefore, the defendant's obligation to pay a fixed amount by the date of re-admission.

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