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(영문) 서울중앙지방법원 2016.11.24 2016가단5109942
청구이의
Text

1. The plaintiff's claim is dismissed.

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

1. The defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. As Seoul Central District Court 2014Gahap548477, the Plaintiff filed an objection against the Defendant against the Defendant to seek the Defendant’s refusal of compulsory execution based on the payment order (hereinafter “principal lawsuit”) on February 27, 2013, the Seoul Central District Court 2013 tea 10280 against the Plaintiff. As to this, the Defendant filed a counterclaim against the Plaintiff during the said lawsuit as the acquisition amount of KRW 200 million with the same court 2014Gahap591051, the acquisition amount of KRW 200,000 from August 5, 2011 to December 24, 2014, the amount of KRW 5% per annum from the next day to December 24, 2014, and the amount of KRW 20% per annum from the day of complete payment (hereinafter “Counterclaim”).

Notes

1. The Seoul Central District Court, February 27, 2013, rejected compulsory execution against the Plaintiff (Counterclaim Defendant) by the Defendant (Counterclaim Defendant) based on the payment order issued on February 27, 2013.

2.Until this judgment becomes final and conclusive, the compulsory execution based on the executory exemplification of the payment order under paragraph 1 shall be suspended.

3. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) 200,000,000 won with 5% interest per annum from August 5, 2011 to December 24, 2014, and 20% interest per annum from the next day to the date of full payment.

4. Of the costs of lawsuit, the part incurred by the principal lawsuit shall be borne by the Defendant-Counterclaim Plaintiff, and the part incurred by the counterclaim by the Plaintiff-Counterclaim Defendant, respectively.

5. Paragraphs 2 and 3 of this Article may be provisionally executed.

B. On April 3, 2015, the Seoul Central District Court rendered a judgment as set forth in the following order with respect to the main claim and counterclaim case.

C. As to the part of the judgment against the Plaintiff, the Plaintiff appealed as Seoul High Court 2015Na202061, 2015Na202078 (Counterclaim), and the said appellate court has concluded the pleadings on July 24, 2015, and the same year.

9. 11. The judgment dismissing the Plaintiff’s appeal was rendered on October 1, 2015, which became final and conclusive on October 1, 2015 due to the lapse of the period of appeal.

(hereinafter referred to as "the final judgment of this case").

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