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(영문) 인천지방법원 2015.06.26 2015나1222
구상금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 8, 2001, the defendant filed a lawsuit against the plaintiff (former name: C) and D to pay interest or delay damages calculated at the rate of 25% per annum from the next day to the delivery date of a copy of the complaint, alleging that "the defendant lent KRW 3,600,000 to the plaintiff on December 31, 1992, and the plaintiff lent the above KRW 3,60,000 to D. Thus, the plaintiff jointly and severally lent the above KRW 3,60,000 to the defendant, and the plaintiff and D shall jointly and severally pay the above KRW 3,60,000 to the defendant for interest or delay damages calculated at the rate of 25% per annum from the next day to the date of complete payment, and the above court shall make recommendations to implement the above recommendations to the plaintiff and D on December 10, 201 as stated in the purport of the claim."

(2) The instant performance recommendation decision was delivered to D on December 21, 2001, and to the Plaintiff on December 22, 2001, respectively. As to D on January 5, 2002, the Defendant and D did not raise any objection, and the instant performance recommendation decision against the Plaintiff on January 6, 2002 became final and conclusive.

B. The Defendant filed a lawsuit against D on December 6, 2001, asserting that “if the Defendant leased KRW 2,500,000 to D on May 16, 1992, interest rate of KRW 7% on the due date, and December 13, 1992, D shall pay KRW 2,50,000 per annum from December 31, 1992 to the delivery date of a copy of the complaint, and damages for delay calculated at the rate of 25% per annum from the next day to the day of complete payment,” and the above court rendered a judgment with the purport that “The Defendant shall pay the Defendant the above amount of KRW 2,50,000 to D on December 13, 200, as stated in the above purport of the claim.”

prescribed provisions

1. D shall pay to the Defendant KRW 3,000,000 by August 15, 2003, and KRW 3,000,000 by December 31, 2003, respectively, on condition that each payment is in arrears.

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