손해배상(기)
1. Each claim against Defendant B, D, and E by the Plaintiff (Counterclaim Defendant) and the principal claim against the Defendant (Counterclaim Plaintiff).
1. Basic facts
A. In the process of Nonparty 1’s lawsuit (1) Defendant C filed a lawsuit for damages against the Suwon District Court, Sungwon District Court Branch 2001Gahap4282, and the said court rendered a judgment on July 16, 2003 that “The construction of Magju-si and Mauri-si shall jointly and severally pay to Defendant C the amount of KRW 420,257,50 and the amount of damages for delay.”
(2) The judgment of Gwangju City deposited approximately KRW 100 million (hereinafter “the instant deposit”) in order to suspend the provisional execution of the judgment of the first instance court. The appellate court (Seoul High Court 2003Na52953) rendered a judgment that “Maju-si and Construction shall pay KRW 200 million and damages for delay to each of the Defendant C,” and the said judgment of the appellate court became final and conclusive on November 23, 2006, respectively.
(3) On March 8, 2007, Defendant C received approximately KRW 331 million deposited at Gwangju City according to the above final judgment.
(4) Defendant C requested the Plaintiff, an administrative agent known through “F, to review whether the said Defendant was able to receive the instant deposit additionally, as well as the case of revocation of the disposition of revocation of the imposition of indemnity, etc. pending between Gwangju and Gwangju (hereinafter “instant lawsuit, etc.”).
B. (1) When Defendant C received legal advice from the Plaintiff that Defendant C or his wife had the right to receive the instant deposit from the Plaintiff, Defendant C received the said deposit by receiving a seizure and collection order regarding the instant deposit by using documents, such as the Plaintiff’s application for the seizure and collection order, and the application for cancellation of security, etc.
(2) On July 23, 2009, Defendant C, even though it received all the principal and interest by the final judgment of the Seoul Western District Court, deceiving the Sungwon District Court of Sungnam Branch to take the above seizure and collection order, and received the above seizure and collection order from Gwangju City.