손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is a person who has delegated the defendant with the application for provisional seizure of claims, and the defendant is a lawyer who has represented the application for provisional seizure of claims upon delegation by the plaintiff, and C is a secretary of the office operated by the defendant.
The Plaintiff remitted total of KRW 300,000,000 on February 9, 2010 to D Co., Ltd. (hereinafter “D”), and total of KRW 160,000,000 on April 9, 2010, respectively, and received KRW 60,000,000 on June 23, 2010.
On July 9, 2012, the Defendant filed an application for provisional attachment against each of the claims with the Plaintiff as the debtor D, the garnishee as Gyeongnam Bank Co., Ltd. and the Nonghyup Bank Co., Ltd. (hereinafter “CF”) (hereinafter “CF”), with each of the claims as KRW 400,000,000 in total, and KRW 200,000 in total,00 in the amount of the claim for provisional attachment (for a third debtor, KRW 100,000 in each of the claims).
(Ulsan District Court No. 2012Kahap528, hereinafter “instant primary seizure”). On July 20, 2012, the Defendant corrected the amount of the claim for provisional seizure to KRW 400,000 (per 200,000,000 for a third debtor) in total at the Plaintiff’s request, and the provisional seizure order on July 26, 2017 was issued and served to the Defendant on July 30, 2012, respectively. < Amended by Presidential Decree No. 23874, Jul. 30, 2012; Presidential Decree No. 23988, Jul. 31, 2012>
Meanwhile, on July 31, 2012, E deposited KRW 156,101,898 in the account of the Central Agricultural Cooperative Branch (hereinafter “Central Agricultural Cooperative”) in the National Agricultural Cooperative Branch (hereinafter “Central Agricultural Cooperative”), and deposited KRW 197,114,127. On August 2, 2012, 201, KRW 150,000,000 to the account of the National Bank of Korea (D), was transferred to F, and KRW 40,20,50,000 to the National Bank account of D, respectively.
On August 9, 2012, the Defendant, on behalf of the Plaintiff, withdrawn an application for provisional seizure against the claim against the Nonghyup Bank and applied for rescission of enforcement. With respect to the claim identical with the provisional seizure against the first claim, the garnishee was designated as the Central Agricultural Cooperatives, and applied for provisional seizure against the claim amounting to KRW 200,000,000, respectively (Ulsan District Court 2012Kahap620, hereinafter “the second claim provisional seizure”), and the Defendant applied for provisional seizure against the claim amounting to KRW 200,000,000.