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(영문) 광주지방법원 2015. 6. 22. 선고 2014카합438 제11민사부 결정
가압류이의
Cases

2014Kahap438 Subject to provisional attachment

Creditors

United States

Jeonnaman District;

The debtor

The representative of the Silsan-si Doedong

Law Firm LLC (Law Firm LLC)

Attorney Cho Jae-sung et al., Counsel for the plaintiff-appellant

Text

1. The decision of provisional seizure made on August 1, 2013 by the above court as to the case of application for provisional seizure against claims between the above parties shall be revoked.

2. The creditor's request for provisional seizure is dismissed;

3. The costs of lawsuit shall be borne by the obligee.

Purport of application

Creditors: Authorization of provisional seizure order mentioned in paragraph (1) above.

The debtor: It is so ordered as per Disposition.

Reasons

Comprehensively taking account of the overall purport of the record and examination of this case, the creditor was issued a provisional attachment order of KRW 300,000,000 against the debtor on August 1, 2013 by the Gwangju District Court 2013Kahap646 as the preserved right (hereinafter “instant provisional attachment order”). In Gwangju District Court 2013Kahap53467, a principal lawsuit for the instant provisional attachment order, the judgment dismissing the creditor’s claim against the debtor on June 12, 2014, and the Gwangju High Court (No. 2014Na123477) which was the appellate court on December 10, 2014, which was the appellate court (No. 2014Na123477), and it is proved that the said judgment became final and conclusive by withdrawing the final appeal on February 27, 2015, which was the principal lawsuit for the instant provisional attachment order.

In light of the above facts and the reasons for the judgment on the merits of this case, there is no evidence to prove the right to be preserved solely by the documents submitted by the creditor in this case, and there is no other evidence to prove this. Thus, the provisional seizure order of this case is revoked and the creditor's application for provisional seizure is dismissed

Judges

Judges of the presiding judge

Judges Lee Lee Jae-hoon

Judges Lee Jae-ho

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