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(영문) 서울서부지방법원 2018.02.02 2017가단230447
손해배상(기)
Text

1. The Defendant’s KRW 6,755,166 as well as 5% per annum from September 8, 2015 to February 2, 2018, and the next day.

Reasons

1. Around 2008, the Plaintiff filed a lawsuit claiming rent (Seoul Western District Court 2008Kadan10947) against the Korea Construction Corporation (hereinafter “Korea Construction”), and received a final judgment in favor of the Plaintiff, and applied for a compulsory auction on real estate owned by the Korea Construction Corporation as an executive title.

(Seoul Western District Court C) On September 18, 2015, the Defendant filed an application for a demand for distribution to the effect that loans of KRW 1,616,615,00,00 for the payment order for Korea Construction (Seoul Western District Court 2015 teas. 2015 teas. hereinafter “instant preceding payment order”) under the above payment order for Korea Construction (Seoul Western District Court 2015 teas.), and thereafter, the Plaintiff prepared a distribution schedule with the content that KRW 8,295,288, and the Defendant distributed dividends of KRW 50,494,631 to the Plaintiff, the Plaintiff, including the Defendant, raised a lawsuit of demurrer against distribution on the date of distribution on August 26, 2016, against 15, including the Defendant.

The Plaintiff asserted that all the claims asserted by the Defendant and other Defendants of the instant lawsuit were false claims in the previous lawsuit, and all the Defendants of the said lawsuit including the Defendant acknowledged the Plaintiff’s claim on July 13, 2017 at the date of pleading.

Accordingly, the Plaintiff received additional dividends of KRW 257,283,174 on August 10, 2017.

On the other hand, D, which is only the representative director of the defendant's name, issued documents necessary for the payment order to E without confirming whether the defendant actually holds claims against Korean construction upon request from E, which is the actual owner of the defendant, and accordingly issued and finalized the preceding payment order.

[Ground for Recognition: Facts without dispute, significant facts in the court, Gap evidence Nos. 1 through 4, Eul evidence No. 1, purport of whole pleadings]

2. Determination

A. According to the above facts of recognition as to the occurrence of liability for damages, the defendant is against Korean construction.

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