(영문) 의정부지방법원고양지원 2014.10.15 2014가단24498

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(영문) 의정부지방법원고양지원 2014.10.15 2014가단24498

약정금

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1. The Defendant shall pay to the Plaintiff KRW 63,518,419 and interest rate of KRW 20% per annum from September 16, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. In a lawsuit with C on January 18, 2013, the Plaintiff filed a final appeal with C to the effect that the Plaintiff would pay C 674,689,032 won and delay damages therefor (the main lawsuit), and the final appeal was dismissed and confirmed at that time. On November 21, 2013, the Plaintiff appealed from the judgment to the effect that the Plaintiff would pay C 55,652,59 won and delay damages therefor (the main lawsuit) (the Seoul High Court Decision 2013Na1104, 2013Na11111 (Counterclaim))).

(hereinafter referred to as “related litigation”). (b)

On November 16, 2012, the defendant filed a lawsuit against C with the plaintiff (referring to the defendant in this case) to pay 80,000,000 won and 24% interest per annum from September 18, 2006 to the date of full payment. The defendant (referring to the defendant in this case) was sentenced to the judgment (Li Government District Court 2012Gadan28004). The defendant appealed and paid 120,000,000 won to the plaintiff on November 4, 2013, and the defendant paid 40,000,000 won to the plaintiff and paid 80,000,000 won until February 28, 2014 to the district court (the defendant in this case).

C. Meanwhile, on January 20, 2013, after being rendered a judgment against the Plaintiff in the first instance court of the relevant lawsuit, where the Plaintiff lost to C, the Plaintiff and the Defendant agreed to the effect that the Defendant pays 1/2 of the principal and interest based on the judgment 2012Kadan2804 (hereinafter “instant agreement”) to the Plaintiff in return for giving the Defendant the data on the relevant lawsuit to the Defendant (hereinafter “instant agreement”).

On February 4, 2013, the Defendant applied for provisional attachment of the principal and interest of C’s judgment of the first instance court on the relevant lawsuit against C based on the data of the relevant lawsuit filed by the Plaintiff, and received a ruling of provisional attachment of claims (the High Court High Court Decision 2013TT 1337).

E. The defendant is against C's plaintiff in the related lawsuit.

유사 판례

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