손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff filed a lawsuit against the Korea Institute of Marine Research and Development, B, etc. seeking compensation for damages with the Suwon District Court’s Ansan Branch of 201Kahap5414.
The defendant, which was established on July 2, 2012, comprehensively succeeded to all rights and obligations of the Korea Institute of Maritime Affairs, and taken over the status of the defendant of the Korea Institute of Maritime Affairs.
On November 22, 2012, the lower court rendered a judgment on November 22, 2012, stating that “The Defendant shall pay damages for delay for KRW 4,688,369,862 to each of B, etc. and the Plaintiff and KRW 3,864,189,09,091, which may be provisionally executed (hereinafter “instant first instance judgment”).”
B. On November 26, 2012, the Defendant applied for the suspension of compulsory execution based on the judgment of the first instance court of this case.
On November 27, 2012, the Suwon District Court rendered a decision that “The defendant shall suspend compulsory execution based on the judgment of the first instance court of this case until the appellate court rendered a judgment, on the condition that he deposits KRW 1,500,000 in cash as security for the plaintiff.”
On November 30, 2012, the Defendant deposited KRW 1,500,000 as the Geumwon District Court’s Ansan Branch No. 4295 in 2012.
(hereinafter “instant deposit”). C.
On the other hand, on November 28, 2012, the Plaintiff received a collection order (hereinafter “instant seizure and collection order”) regarding the Defendant’s deposit claim against the Defendant C Co., Ltd. (hereinafter “C”) as the Suwon District Court Branch Branch 2012TTT1801, which was served on November 29, 2012.
However, the plaintiff was above B.
Due to the decision to suspend compulsory execution, it was not actually collected.
Seoul High Court Decision 2013Na2056 Decided January 29, 2015, the Defendant appealed against the instant first instance judgment. On January 29, 2015, the lower court rendered a judgment on the following: “The Defendant jointly and severally with B, etc., to pay the Plaintiff KRW 1,322,773,943, and delay damages therefrom.”
Therefore, both the Plaintiff and the Defendant appealed to Supreme Court Decision 2015Da12680.