위약금 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Ⅰ. The progress of the instant case and the overall progress are as follows, and the following facts acknowledged by this court were either disputed nor sufficiently recognized to the purport of the entire pleadings, in addition to macrodic evidence.
1. The defendants are both married and simple, and the plaintiff has a marital relationship with D yet to exist.
2. On August 10, 2016, Defendant B filed a lawsuit against the Plaintiff on the ground of the Plaintiff’s misconduct and Defendant C’s unlawful act, and received a judgment in favor of part of the provisional execution book, “The Plaintiff shall pay to Defendant B the amount of KRW 15 million per annum from March 22, 2016 to August 10, 2016, and the amount calculated at the rate of 5% per annum from the next day to the date of full payment, and 15% per annum from the next day to the date of full payment.”
[B] At the time of Defendant B’s 1-1, Defendant B appointed “E Attorney,” and the Plaintiff appointed “F attorney,” as each attorney.
3. On August 19, 2016, Defendant B applied for a compulsory auction on real estate owned by the Plaintiff to G of this court on the basis of the above provisional execution.
[B] B-2] 4. The above judgment was dismissed on December 14, 2016 at the appellate court (this court 2016Na22592) and it became final and conclusive on December 30, 2016.
[B] 1-2, 2-1, 2-3] The Plaintiff appointed “Attorney F” (Attorney H-at-law in a lawsuit) as a legal representative in the appellate court.
[Attachment B 1-1, 2-3] 5. On the other hand, D also appointed an attorney-at-law as an attorney-at-law, and on January 9, 2017, upon setting the claim amount of KRW 20,000,000 for real estate owned by C as the court’s 2017Kadan1065 on the same day, filed a civil suit against Defendant C seeking damages of the same amount as this court’s 2017Gada200385 on the same day.
[B] 2-5, 2-6] Accordingly, Defendant C also filed a counterclaim (this Court No. 2017 Ghana6521) on February 28, 2017.
[B] On January 10, 2017, Defendant B filed an application against the Plaintiff for the determination of the amount of litigation costs under this Court No. 2017Kao7.
[B] At the time of 2-7, Defendant B shall be the Plaintiff.