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(영문) 광주지방법원 2015.07.17 2015나270

손해배상청구 등

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the cancellation part shall be revoked.

Reasons

1. The reasoning for the court's explanation on this part of the facts is as follows: at the second part of the judgment of the court of first instance, "60,000 won and it shall be added "60,000 won" and "the claim of this case" in the third part shall be read as "the whole of the judgment claim of this case and its subordinate rights, such as interest claim, etc.", "6, 18, 2013" in the third part shall be read as " June 18, 2003", "the claim of this case" in the fourth part of the judgment of the court of first instance shall be read as "the claim of this case in this case", and "the claim of this case in the fourth part" in the fourth part shall be read as "the claim of this case in this case", and "the second part of the judgment of the court of first instance" in the second part shall be cited as "the claim of this case in the second part and second part of the judgment of the court of first instance" in addition to "the next part of the judgment amount of this case."

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant and B conspired with each other for the purpose of evading compulsory execution based on the instant judgment claim by the ordinary credit cooperative. Based on the foregoing, the Defendant received KRW 80,821,440 from the above medical corporation by receiving the entire order of the instant case.

B) As a result, the monthly credit union suffered losses from failure to collect claims, such as the payment of benefits, etc. to the above medical corporation, even though it received a seizure and collection order from the above medical corporation.C) Therefore, the defendant is liable to pay the original credit union the damages arising from the above tort, as well as the damages for delay.

2) The notarial deed of this case is null and void as it was prepared by the agreement between the defendant and B with the aim of evading compulsory execution based on the judgment money claim of the ordinary credit cooperative of this case.

B. The Defendant received the instant order based on the notarial deed that is null and void as above.