손해배상청구 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion is that the Defendant, who was sufficiently aware or could have sufficiently known that the Plaintiff is not a party to the Defendant’s actual transaction as a mere nominal lender, brought a provisional attachment, civil lawsuit, criminal complaint, etc. against the Plaintiff, thereby causing the Plaintiff to incur the following damages. Therefore, the Defendant is liable
It is not clear that the Defendant filed an application against the Plaintiff for provisional seizure of the claim against the Plaintiff’s deposit claim, etc. (Seoul District Court Branch Decision 2013Kahap78, Seoul Southern District Court Decision 2013Kadan70212), and whether the Plaintiff designated the Plaintiff as the termination date of lost import from March 2013 to September 2016. However, it seems that the Plaintiff is based on the time when the Plaintiff started to resume trucking transport business.
up to 43 months, it was possible to increase the monthly income of KRW 4 million, thereby deducting the Plaintiff’s substitute income amount of KRW 47,879,167 from the total income of KRW 172,00,000 from the total income of KRW 172,00,000,000 remaining 124,120,833.
B. Active damages (Attorney Fees) totaling KRW 50,000 (50,000) attorney fees paid by the Plaintiff to cope with the Defendant’s unfair lawsuit, Seoul Southern District Court 2013Gahap7852,10,000 (Seoul Southern District Court 2014Na52683, Seoul Southern High Court 2015Da44281,000,000 Seoul Southern Southern District Court 2015Kadan8023,003 10,000 Seoul Southern Southern District Court 2015Kahap106043,003
(c) Consolation money: 15 million won;
2. Recognition of liability for damages;
A. The relevant legal principles (i.e., a provisional attachment or a provisional disposition will be executed by the court's judgment, but the existence of a substantive claim shall be entrusted to the lawsuit on the merits and shall be limited to the creditor's liability by vindication. Thus, if the execution creditor loses the lawsuit on the merits after the execution thereof, the damage suffered by the debtor due to the execution of the preservative measure.