beta
(영문) 부산지방법원 2016.08.18 2016가단20899

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application with Busan District Court No. 2006Ka9428 for a payment order with respect to the claim for return of unjust enrichment or the claim for damages against B and C, and the Busan District Court accepted the Plaintiff’s application on March 27, 2006 and issued a payment order with respect to B and C, jointly and severally against the Plaintiff. Accordingly, the instant payment order was served to B and C on April 6, 2006.

B. B along with C on April 17, 2006, filed an objection against the instant payment order. Accordingly, the Plaintiff’s application for payment order was implemented as the principal suit with Busan District Court 2006Kadan9070, and the Plaintiff withdrawn the principal suit against B and C on June 19, 2006.

C. However, the Busan District Court delivered the original copy of the instant payment order to the Plaintiff on April 27, 2006.

On August 2015, the Plaintiff requested the Busan District Court to order the seizure and collection of the deposit claims against financial institutions referred to in B, as Busan District Court 2015TTT No. 20164, and issued the seizure and collection order from Busan District Court on August 18, 2015. However, on August 27, 2015, the Plaintiff filed an immediate appeal against B on September 1, 2015, and the Busan District Court dismissed the Plaintiff’s request for the seizure and collection order. The Plaintiff filed an immediate appeal on September 28, 2015. However, the Plaintiff was dismissed by the Busan District Court’s immediate appeal on September 30, 2015, and the Plaintiff re-appealed by Supreme Court Decision 2015Ma1674, Supreme Court Decision 2016Da16744, Jan. 29, 2016.

【Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, Eul evidence 2-5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff.