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(영문) 서울동부지방법원 2015.10.16 2015나20751

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition [based grounds for recognition: Gap, 1-1, 1-2, 2, and 4; the purport of the whole pleadings];

A. On March 27, 2012, the Defendant filed an application for provisional seizure of corporeal movables with the Jeonju District Court Branch Branch of 2014Kadan190 by deeming the Plaintiff as the claim for the purchase price of goods worth KRW 10 million as the claim, and received a provisional seizure order (hereinafter “instant provisional seizure”).

B. On April 4, 2012, the execution officer entrusted by the Defendant, upon the instant provisional attachment order, filed an application for the execution of seizure under the Hongsung Branch Branch of Daejeon District Court 201Ga11, and on the other hand, on April 4, 2012, the execution officer seized three copies of 800 liters concentration (hereinafter “instant corporeal movables”).

C. The Defendant claimed against the Plaintiff for the payment of KRW 291,80,000 for the remainder after having been partially returned out of 32 tons of the amount of sales in the Stetra, which is the principal lawsuit of the provisional attachment of this case. However, on January 16, 2013, on the ground that “the unit price per ton of the Stelavi’s concentration is KRW 6 million, and there is no evidence to prove that the returned Stetravi’s concentration was damaged” on the ground that “the Plaintiff would pay KRW 17.24 million to the Defendant and its delayed payment damages.” The Defendant appealed against the judgment in favor of the lower court of Gwangju High Court (former State) 2013Na616, the appellate court rejected the Plaintiff’s claim for the payment of the remainder of the goods on October 10, 2013, on the ground that there was no agreement among the Defendant on October 26, 2013.”

The provisional attachment of this case was changed on March 21, 2014 due to changes in circumstances in the provisional attachment revocation case No. 2014Kadan136, Jeonju District Court's branch court's 2014.