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(영문) 대전지방법원홍성지원 2015.10.15 2015가합523
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 2, 2013, the Defendant received a provisional attachment order (hereinafter “the provisional attachment order of this case”) against each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) as the claim claim amounting to KRW 360,000,000,000,000 from the Plaintiff as stated in the separate sheet owned by the Plaintiff.

B. After that, the Plaintiff filed an application with this court for an order to file a lawsuit regarding the foregoing provisional seizure case under this Court No. 2013Kaman103, and this Court issued an order to file a lawsuit to the Defendant on April 24, 2013, stating that “When the Plaintiff filed a lawsuit on the merits of the above provisional seizure case within 14 days from the date of service of the order to file a lawsuit, and submitted documents proving the continuation of the lawsuit, or has already filed a lawsuit, the documents proving the continuation of the lawsuit shall be shipped out.” On April 26, 2013, the Defendant was served with the above order

C. Ultimately, on November 28, 2013, upon the Plaintiff’s request for revocation of provisional seizure, the decision of revocation of the provisional seizure of this case was rendered by this Court 2013Kahap202, on the ground that the period of filing a lawsuit has elapsed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant did not exist and received the provisional seizure of each of the real estate of this case with the claim amounting to KRW 360,000,000,000 for investment and loan claims, and due to such improper provisional seizure, the plaintiff suffered a significant loss due to the plaintiff's failure to receive the start-up funds from the Small and Medium Business Corporation. As part of the amount of damages, the defendant is liable to pay the plaintiff 200 million

B. Although preservative measures, such as provisional attachment or provisional disposition, are executed by the court's decision, whether there is a substantive claim shall be entrusted to the lawsuit on the merits and the creditor's liability shall be based on the vindication.

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