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(영문) 인천지방법원 2014.10.30 2013가단75631

손해배상

Text

1. The Defendant’s KRW 50,314,285 as well as the Plaintiff’s annual rate from October 30, 2012 to July 27, 2013.

Reasons

1. The following facts may be acknowledged in full view of the facts in which there is no dispute between the parties to the facts of recognition, and the purport of the entire pleadings as to the entries in Gap 1-8.

On November 27, 2012, the Plaintiff filed a lawsuit seeking the payment of KRW 200 million loan to the Busan L&C Co., Ltd. (hereinafter “Nonindicted Company”), and obtained a favorable judgment on November 27, 2012, and the said judgment became final and conclusive around that time.

B. Based on the above claim, the Plaintiff provisionally attached the claim for the amount of money that the non-party company holds to the Da-dong Housing Development and Improvement Project Association.

C. However, when the seizure of the above bonds competes with the seizure, Nonparty C deposited KRW 151,365,030, which was the Incheon District Court D. Accordingly, the distribution procedure began.

On October 15, 2012, the Defendant: (a) was delegated by the Plaintiff with all of the powers regarding the collection of claims from the said C; and (b) was willing to withdraw the provisional seizure of claims and cancel the enforcement thereof for prompt distribution procedures to the Plaintiff; and (c) provided that C would pay the Plaintiff’s share after being solely distributed.

E. On October 19, 2012, according to the Defendant’s continuous use, the Plaintiff was above D.

The contents of the agreement like the paragraph were written, and the defendant signed and sealed as C's agent.

F. Accordingly, the Plaintiff submitted an application for the withdrawal and rescission of the above provisional attachment application, and accordingly, the entire amount of KRW 151,445,99 to be distributed to C on October 30, 2012 was distributed to C, but C did not pay the Plaintiff’s share.

G. The Defendant, without obtaining the power of representation from C in relation to the above agreement, prepares the above agreement as a proxy of C, which was sentenced to a fine of KRW 3 million on September 4, 2013 by the Incheon District Court Decision 2013 Man-Ma3692, etc., and confirmed around that time.

2. According to the above facts of recognition, the defendant is without authority C's authority.