구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 14, 2015, Nonparty C received an order to deposit KRW 400 million (in relation to the case of an application for provisional seizure against real estate from the Suwon District Court Branch 2015Kadan50246, Nonparty C issued an order to deposit the said amount of KRW 400 million (in relation to the amount of KRW 300 million, a document which entered into a payment guarantee consignment agreement may be submitted) for the debtor D Co., Ltd. (hereinafter “Nonindicted Company”).
B. Around September 21, 2015, the Defendant concluded a deposit guarantee insurance contract of KRW 300 million with C, and delivered the deposit guarantee insurance policy to C. At that time, C submitted the said securities with the Suwon District Court Sungnam Branch, and Nonparty E Co., Ltd (hereinafter “E”) deposited KRW 100 million as a third party, which shall be deposited in cash pursuant to the above order to provide security, on September 25, 2015.
(hereinafter “Deposit of this case”). C.
On October 4, 2015, the Suwon District Court rendered a decision to provisionally attach the real estate owned by the non-party company to the non-party company C with the claim for damages against the non-party company upon the application for provisional seizure of the above real estate.
(hereinafter “instant provisional seizure”). D.
C A lawsuit was filed against the non-party company as Suwon District Court Branch 2015Gahap4135, Suwon-nam Branch, and the non-party company suffered losses due to the execution of the provisional seizure of this case, and filed a lawsuit for damages as a counterclaim under the same court 2016Gahap802. On June 20, 2017, the above court dismissed the claim of C’s principal lawsuit and rendered a judgment with respect to the counterclaim, “C shall pay the non-party company KRW 45,295,889, and its amount, as to the counterclaim, KRW 5% per annum from April 29, 2016 to June 20, 2017, and KRW 15% per annum from the next day to the date of full payment (hereinafter “the above judgment”). The above judgment became final and conclusive at that time (hereinafter “the above judgment”).
E. Meanwhile, the provisional attachment decision of this case is supported by the Suwon District Court of the non-party company's appeal.