logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.18 2015가합512055
청구이의
Text

1. The Defendant’s Seoul Central District Court 2012Gahap51580 (main office), and 2013Gahap90162 (Counterclaim) against the Plaintiff.

Reasons

1. Indication of claim;

A. The Defendant brought a lawsuit against the Plaintiff against the Seoul Central District Court 2012Gahap51580, which sought the return of the lease deposit that the Defendant paid while leasing the Plaintiff’s building. As to this, the Plaintiff filed a counterclaim against the Plaintiff seeking compensation for damages incurred by the Plaintiff’s failure to lease the Plaintiff’s building to a third party due to the Defendant’s fault attributable to the same court 2013Gahap90

B. On February 12, 2014, the above court rendered a judgment that the Plaintiff paid KRW 116,228,965 to the Defendant and its delay damages, and the Defendant paid KRW 7,500,000 to the Plaintiff and its delay damages.

The Plaintiff and the Defendant appealed against them, but the Seoul High Court 2014Na18409 (Main Office) and 2014Na18416 (Counterclaim) decided on November 6, 2014. The above judgment became final and conclusive on November 28, 2014.

C. In order to pay the above judgment, the Plaintiff deposited KRW 144,066,439 (116,228,965 to be paid by the Plaintiff to the Defendant and damages for delay thereof) with the deposited person as the Defendant under Seoul Central District Court Decision 2015No354, the Plaintiff deposited KRW 7,500,000 that the Plaintiff shall receive from the Defendant and the damages for delay.

Therefore, compulsory execution based on the above judgment should not be permitted.

2. Judgment with no applicable provisions of Acts (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);

arrow