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(영문) 서울서부지방법원 2017.12.12 2017가단211286

손해배상(기)

Text

1. As to the Plaintiff KRW 23,00,000 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 3,000,000 from February 11, 2015.

Reasons

1. Facts of recognition;

A. On October 21, 2012, the Plaintiff concluded a sales contract to sell the Eunpyeong-gu Seoul Metropolitan Government Multi-household D (hereinafter “instant housing”) to the Defendant for KRW 175,000,00,000, and received KRW 58,000 from the Defendant as the contract deposit and intermediate payment. On November 19, 2012, the Plaintiff delegated the Defendant with the right to sell the instant housing, and the Defendant lent KRW 58,00,000 to the Plaintiff at interest rate of KRW 3% per month, and the said principal and interest were recovered within the extent of the sale price.

B. On June 2, 2013, the Defendant filed a lawsuit against the Plaintiff for a loan claim based on a consulting contract, but lost on July 9, 2014, and the appeal and dismissal of appeal became final and conclusive on February 21, 2015.

(Seoul Western District Court 2013Kadan219626, 2014Na31824, Supreme Court 2014Da232760, hereinafter referred to as "the first lawsuit").

On February 11, 2015, before the first lawsuit becomes final and conclusive, the Defendant filed a lawsuit against the Plaintiff for damages on the grounds of the violation of consulting contract, etc., and lost on June 10, 2015. The dismissal of the appeal became final and conclusive on November 6, 2015.

(Seoul Western District Court 2015dan206730, the same court 2015Na33025, hereinafter referred to as "the second lawsuit"). D.

Meanwhile, with respect to the first lawsuit, the Defendant completed the provisional attachment (the same court 2013Kadan5033) and provisional attachment (the same court 2013Kadan5463) of June 10, 2013 on May 24, 2013 with respect to the instant housing and the Eunpyeong-gu Seoul E Apartment F, the Plaintiff owned on May 24, 2013, and completed the provisional attachment (the same court 2014Kadan4843) and the provisional attachment (the same court 2014Kadan6611), and completed the provisional attachment (the same court 2015Kadan6611) with respect to each of the instant real estate in relation to the second lawsuit, but the provisional attachment (the same court 2014hap50392), which was also revoked due to the provisional attachment (the same court 2015).

(b) each of the above provisional seizures and provisional dispositions.