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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On December 12, 2007, the Plaintiff filed a lawsuit against the Defendant for the return of deposit amounting to Busan District Court 2007Gahap1718, the Plaintiff rendered a judgment that “the Defendant shall pay the Plaintiff 1,010,471,220 won with the interest of 6% per annum from November 25, 2006 to February 7, 2007, and the interest of 20% per annum from the next day to the date of full payment,” and that “the Defendant shall pay the Plaintiff 1,010,471,220 won with the interest of 6% per annum from February 25, 2006 to the date of full payment,” and the above judgment became final and conclusive on January 17, 2008 after the Defendant appealed the appeal as
(hereinafter referred to as “the instant judgment”). Case number in the letter of undertaking following the deposit payment: 2007 Gohap 1718 Gohap 2008,859,020 on September 22, 2008 by the said certificate of confirmation of the deposit return lawsuit related to the above case number of deposit amount ( s 1,010,471,220 on September 22, 2008) and the interest amount ( s 340,248,068 won) due to the said deposit’s judgment shall be confirmed to be a payment key by October 31, 2008.
B. On September 22, 2008, the Defendant paid the Plaintiff the principal amount of KRW 1,010,471,220 to September 22, 2008, the Defendant calculated the interest in arrears of KRW 1,008,859,020, which is the amount after the deduction of the tax amount of KRW 340,248,068, as the principal amount, 6% per annum from November 25, 2006 to February 7, 2007; and 340,248,068 won per annum from the next day until September 22, 2008 [1,08,859,020 x 0.60 x 0.08,085 x 365 x 365 x 0.65 x 9,005 x 25 x 93 x 503 x 503 x 503 x 50.5 x 5 x 5 200.5 x .5 x ” (1.20.3 x x .5 x .0.5 ”
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant confirmed that (1) the plaintiff is not more than KRW 340,248,068 as to the principal amount of KRW 1,010,471,220, which was ordered to be paid in the relevant judgment of this case, until September 22, 2008.