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1. Revocation of a judgment of the first instance;
2. On January 18, 2013, the Daejeon District Court rendered a ruling against the Defendant to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant filed a principal lawsuit against the Plaintiff as Seosan District Court Branch 201Gau958. The Plaintiff filed a counterclaim against the Defendant for the return of unjust enrichment with the same court No. 2012Gau4653. The said court closed the pleadings on November 23, 2012, and subsequently, on January 18, 2013, “the Plaintiff shall pay to the Defendant KRW 10,311,187 and KRW 8,000 among them, KRW 2,311,187 from December 22, 2011, KRW 2,311,187 from June 19, 201 to January 18, 201, KRW 200 from June 201 to 200 to 200 per annum (hereinafter “the Plaintiff’s counterclaim”) with the lower court’s “10% interest per annum 20% interest per annum 160% interest per annum (hereinafter “15% interest per annum”).
Each of the above judgments became final and conclusive as it is, because the plaintiff appealed against the above judgment and the defendant appealed against the defendant, but the mediation of each withdrawal was established.
B. On November 26, 2013, the Defendant deposited KRW 820,729 as Seosan Branch of the Daejeon District Court (Seoul District Court) with the Plaintiff as the principal and interest deposited KRW 20,729 as Seosan Branch of the Daejeon District Court (1386). The Defendant stated in the deposit account that “When the principal and interest are settled between June 28, 2012 according to the final and conclusive judgment of the instant case, the balance of the principal and interest on the deposited person was KRW 639,52, and the amount was KRW 820,729 if the principal and interest on the deposited person is calculated from June 28, 2012 to the deposit date, and deposited the said amount.”
The notice of deposit was served on the Plaintiff, and on December 6, 2013, the Plaintiff received the deposit without reservation.
C. Thereafter, on February 19, 2014, the Plaintiff’s counterclaimed to the Daejeon District Court on the basis of the Plaintiff’s counterclaim.