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(영문) 서울고등법원 2017.05.11 2016나2052294
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court's explanation on this part of the basic facts is as follows: (a) 3rd page 10 of the first instance court's judgment's 3rd page 10 "Dong Mine Industry Development"; (b) 4th page 8 "from July 31, 2007" to "from January 2, 2008"; and (c) 252,926,374 won (including interest, etc.) to "252,926,374 won" to "252,926,374 won (including interest, etc.)" to "the first instance judgment's 1. basic facts" to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of the instant claim

A. According to Article 6 of the Plaintiff’s assertion on the cause of the instant claim, the development of the same mining industry shall deposit KRW 500,000 in the account designated by the Defendant in order to secure the performance of obligations under the instant agreement, and the Defendant is obligated to return the remaining deposit money after the completion of the settlement of accounts for the apartment sale business of this case.

Meanwhile, the seized claim, which is the claim subject to the collection order of this case, is a claim such as the sale price of the apartment of this case to be paid by the defendant within the scope of KRW 350,000,00 for the development of the mining industry. After the settlement of accounts for the apartment of this case is completed, the claim to be paid by the defendant for the development of the mining industry of this case is due to the deposit refund claim of this case and there are no other claims. Accordingly, the claim to refund the deposit of this case is included in the claim, such as the sale price

Therefore, since the effect of the collection order of this case is limited to the claim to return the deposit of this case, the defendant, who is the garnishee of the collection order of this case, shall not dispose of the deposit of this case.

However, the Defendant spent part of the instant deposit money until May 23, 201 upon receipt of the instant collection order, as the costs of lawsuit, etc. unrelated to the development of the mining industry, and ② the obligee is the obligee of the mining deposit S., and the obligee of the mining deposit.

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