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(영문) 광주고등법원 2020.04.29 2019나24369
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. The reasoning for this part of the underlying facts is that the court has stated the " March 20, 2008" as the offset date of No. 1 of the Table No. 3 in the judgment of the court of first instance, which is "No. 13, 2008", and that "No. 2,00,000 won" is the same as the corresponding part of the judgment of the court of first instance, except for adding "the security deposit of a case requiring provisional seizure" to "the security deposit of a case requiring provisional seizure" in 3 8 3 3 8 3 3 8 3 8 4. Therefore, it is acceptable as it is

2. The assertion and judgment

A. The Plaintiff’s assertion set-off the Plaintiff’s automatic claim and the Defendant’s claim of this case by the delivery of a duplicate of the complaint of this case, and deposited the entire remainder of the claim amount, and the Defendant received the deposit money, and thus, the entire claim of this case was extinguished.

Therefore, compulsory execution based on the judgment of the Gwangju High Court 2014Na2371 decided February 6, 2015 should not be permitted.

B. According to the facts acknowledged earlier, the judgment as to the allegation of offset 1) the Gwangju District Court case 2013Kadan61737 (hereinafter “previous claim objection case”).

In accordance with the set-off defense set by the Plaintiff, the res judicata effect has occurred on the ground that KRW 30,000,000 of the principal of the instant automatic claim was extinguished on July 23, 2009, KRW 11,975,572 of the principal and KRW 11,975,572 of the instant automatic claim was retroactively extinguished on August 29, 2009 (each of the above set-off dates is all the date prior to September 26, 2009, which was the initial date of the damages for delay of the instant automatic claim).

A) Therefore, the instant automatic claim leaves 13,259,291 won (i.e., 55,234,863 won), 41,975,572 won in total as offset appropriation, and damages for delay calculated at the rate of 20% per annum from September 26, 2009 to the date of full payment.

As to this, the set-off date of the instant automatic claim and the previous claim is on November 5, 2013, on which the Defendant was served with a copy of the complaint of the previous claim, stating the Plaintiff’s declaration of set-off. Thus, the previous claim is calculated at the rate of 20% per annum from September 26, 2009 to November 5, 2013, not the principal of the instant automatic claim.

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