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(영문) 수원지방법원성남지원 2016.01.08 2014가단34293

손해배상

Text

1. The Defendant’s KRW 3,188,362 as well as the Plaintiff’s annual rate from May 22, 2015 to January 8, 2016, and the next day.

Reasons

1. Basic facts

A. On May 13, 2013, Liquefied Co., Ltd. filed a lawsuit against the Plaintiff seeking payment of KRW 242,433,652 with the Seoul Central District Court 2013Gahap520366 (hereinafter “principal lawsuit”), but the said court rendered a judgment dismissing the claim of the relevant UNNNA on June 12, 2014.

Therefore, the judgment was finalized on July 23, 2014 after the petition of appeal was dismissed.

B. Meanwhile, during the course of the lawsuit on the merits, UNNNE filed an application for provisional attachment against the Plaintiff’s ten financial institutions by Sungwon District Court Branch Branching 2013Kadan50487. On July 8, 2013, the said court rendered a provisional attachment order as to the total claim amounting to KRW 242,433,652 (the amount of KRW 10 million in our bank, KRW 50 million in Korean Standards-based Bank, KRW 10 million in Korean Bank, KRW 50 million in one Bank, Industrial Bank of Korea, Industrial Bank of Korea, KRW 50 million in one Bank, KRW 50 million in one Bank, and KRW 82,433,652 in Korean National Bank, KRW 10 million in Korea-based foreign Bank, KRW 10 million in Korea-based, KRW 10 million in New Bank, KRW 50 million in Korea-based, and KRW 50 million in Korea-based provisional attachment order (hereinafter “instant provisional attachment order”).

The provisional attachment ruling of this case was delivered to the third debtor on July 9, 2013, respectively.

C. On July 25, 2014, the lower court revoked the provisional attachment decision of this case in accordance with the result of the instant lawsuit, and made a decision that dismissed the request for provisional attachment of the Suwon ethyl Co., Ltd.

After August 1, 2014, the provisional seizure of this case was released. D.

On January 2, 2015, UNNE was merged with the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff defendant's improper lawsuit and improper excessive provisional seizure are as follows.