코인 반환청구 등
1. The defendant shall deliver to the plaintiff the coiner listed in the attached list.
It is impossible to enforce compulsory execution against the above co-owner.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Determination
A. The Defendant is obligated to deliver to the Plaintiff the coiner listed in the separate sheet, except in extenuating circumstances.
B. Where a creditor of the subject claim has filed a lawsuit by combining the subject claim with additional compensation that will substitute for the original claim, it is also possible to claim compensatory damages in advance in preparation for cases where performance or execution is impossible after the judgment became final and conclusive on the premise that the subject claim is present at the original claim for performance. In this case, the subject amount shall be calculated on the basis of the price of the original benefit at the time of the conclusion of the fact-finding hearing.
(See Supreme Court Decision 75Da450 Decided July 22, 1975). The Plaintiff asserted that the 1st century at the time of the closing of the fact-finding proceedings is 574,000 won, and claims for the subject amount calculated as above. However, there is no evidence to acknowledge it. According to the purport of the entire pleadings, the 1st century as of September 6, 2018, which is the date of the closing of the pleadings in this case, (the 799.69.6987 Wloit, the minority less than four decimal; hereinafter the same shall apply) is 265,000 won, and the amount converted into the 1stow is 3331.3748 won (i.e., 265,000 ±699.6987).
Therefore, the Defendant is obliged to pay KRW 79,529,952 as the subject claim (=331.3748 won x 240,000 Rabit) when compulsory execution against the coin of this case is impossible.
The plaintiff also claims damages for delay at the rate of 15% per annum from the day after the duplicate of the complaint is served to the day of complete payment. However, since the plaintiff's claim for delay is a lawsuit for future performance in preparation for future impossibility of execution, the interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings cannot be applied, and the time of future impossibility of execution and delay cannot be specified, the part of the claim for delay damages cannot be accepted
3. The plaintiff's claim for conclusion is above.