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(영문) 청주지방법원 2019.01.09 2018가단24264

손해배상(기)

Text

1. As to the Plaintiff’s KRW 64,235,236 and KRW 27,63,968 among them, the Defendant shall pay to the Plaintiff KRW 36,601,268.

Reasons

1. Determination on the cause of the claim

A. The facts below acknowledged can be acknowledged in full view of the following facts: there is no dispute between the parties, or the records in Gap evidence Nos. 1 through 15, and the whole purport of the pleadings.

1) On October 7, 2015, the Defendant asserted against the Plaintiff that the supply contract of Cheongju District Court 2015Kahap393, 2014 was revoked by fraud, and received a decision of provisional seizure of the claim against the Plaintiff by having the right to claim the return of the down payment of KRW 300 million as the preserved claim. Accordingly, on November 27, 2015, the Plaintiff deposited the KRW 200,300,000 as Cheongju District Court 2015 Kuju District Court 2839, and was decided to revoke the execution of provisional seizure on December 3, 2015, and thereafter, on January 8, 2016, the Defendant filed a lawsuit against the Plaintiff for provisional seizure as the Cheongju District Court 2016Kahap2029.

In a lawsuit, the Plaintiff claimed payment of KRW 30 million in total, including KRW 30 million in the preserved claim of the above provisional seizure and KRW 330 million in addition to the above KRW 30 million in addition, the Plaintiff claimed payment of KRW 624.8 million in total and KRW 143.6 million in compensation for damages, by asserting that the supply contract of the milk collection room in 2015 was rescinded due to the Plaintiff’s nonperformance of obligation.

On August 11, 2016, the above court dismissed the above claim of KRW 330 million and the claim for damages, and accepted the above claim of KRW 624.8 million.

3) As to the above judgment of the first instance, both the Plaintiff and the Defendant appealed to the Daejeon High Court (Cheongju), 2016Na11944 regarding the part against which they lost. Moreover, the Plaintiff filed an application with the Daejeon High Court (Cheongju) 2016Kadan11 to suspend compulsory execution against the judgment of the first instance and received a decision to suspend compulsory execution on October 17, 2016, under the condition that the said court deposited KRW 624.8 million from the above court to the appellate court’s judgment, on condition that the compulsory execution shall be suspended until the judgment of the appellate court is declared, and deposited KRW 624.8 million with the Cheongju District Court 2016Kaju District Court 2378 on October 20, 2016 (hereinafter referred to as “Cheongju District Court 4”). The said appellate court on September 5, 2017.