손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The Plaintiff filed a lawsuit against Defendant C with the Daegu District Court 2009Kadan32772, and on March 12, 2010, the said court rendered a judgment that “Defendant C shall pay to the Plaintiff the amount of KRW 27 million with interest of KRW 5% per annum from June 18, 2002 to April 30, 2009, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.
B. On July 16, 2012, the Plaintiff: (a) filed an application for attachment order of KRW 53,547,030 on the common shares owned by Defendant C issued by Defendant C (hereinafter “Defendant Company”); and (b) on July 23, 2012, the said court rendered a ruling accepting the said application on July 23, 2012 (hereinafter “instant attachment order”).
C. On July 26, 2012, the instant order of seizure was served on the Defendant Company. The Plaintiff applied for the sale order of the instant shares issued by Seoggu District Court Branch Branch Branch 2012TTTTT 6638, and on November 5, 2012, the said court rendered a decision ordering the sale of the said shares in lieu of the collection of the said attached shares (hereinafter “instant order of sale”).
On May 8, 2013, the enforcement of the instant order for sale was commenced under the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2013No39 on May 8, 2013, but the office text of the Defendant Company was not carried out on the ground that the office text of
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. Claim No. 1 and Judgment No. 1) Defendant C asserted by the Plaintiff following the effect of the seizure order of this case, whichever is 14,000 shares out of common shares of the said 15,000 shares (hereinafter “instant shares”).
A. The Defendant Company transferred this case’s shares to D, at the request of Defendant C.