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(영문) 서울고등법원 2016.08.18 2016나2019457
정산금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. The Plaintiff (around July 2005, 2005) filed a lawsuit against the Defendant for settlement of accounts against the Defendant (around 20, 2005 between the Plaintiff and the Defendant) and the following adjustment were established:

(Seoul High Court 2005Na7308). The defendant shall pay to the plaintiff KRW 500 million on October 31, 2005, but if the payment is delayed, the unpaid amount shall be paid in addition to the damages for delay at the rate of 20% per annum from November 1, 2005 to the date of full payment.

B. On February 24, 2006, based on the executory statement of the Seoul High Court case No. 2005Na7308, the Plaintiff was issued a collection order for the attachment and collection of the claims that are transferred to provisional attachment as to the Defendant’s claim for the sales commission against the Defendant’s Nan Real Estate Trust Co., Ltd. (hereinafter “Nan Real Estate Trust”) under the Seoul Central District Court Decision 2006TTTTT1781.

On May 17, 2007, the Plaintiff filed a lawsuit claiming the collection amount of KRW 236,000,000 as Seoul Central District Court 2006Gahap4223, and damages for delay thereof against the trust of real estate, and received a favorable judgment on May 17, 2007.

C. On September 21, 2007, the New Real Estate Trust paid KRW 300 million to the Plaintiff. However, the late payment damages up to the date of repayment 189,041,096 won (=500,000,000 x 20% x 690 days/365 days) and the principal 110,958,904 won (=300,000,000 - 189,041,096 won) and the principal 389,041,096 won (=50,000,0000 - 110,958,904 won) remain.

On July 22, 2013, the Plaintiff collected KRW 20 million upon receiving a seizure and collection order from the Seoul Southern District Court 2013TTT14836.

E. The plaintiff could not find the defendant's property and did not execute the above adjustment. Thus, the plaintiff filed the lawsuit in order to prevent the expiration of the extinctive prescription of the remaining claims.

[Ground of recognition] Evidence Nos. 1 through 3, and Evidence No. 1.

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