(영문) 춘천지방법원강릉지원 2017.11.15 2017가단32226

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원강릉지원 2017.11.15 2017가단32226

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. The Defendant asserted that the Plaintiff had a claim for the settlement of KRW 20,400,000 against the Plaintiff. The Defendant filed an application for the provisional seizure of claims with the Chuncheon District Court 2016Kadan20353 by having the said settlement deposit claim as the preserved claim, and the provisional seizure of corporeal movables was issued by the same court on September 1, 2016 (hereinafter “the first provisional seizure order”).

B. The Defendant asserted that the settlement money claim against the Plaintiff was KRW 43 million, and filed an application for the provisional seizure of corporeal movables with the Chuncheon District Court Gangnam-gu 2017Kadan20142 with the said settlement money claim as the preserved claim, which was issued by the same court as the provisional seizure of claims, and the provisional seizure of corporeal movables was issued by the same court on April 17, 2017, and the provisional seizure of corporeal movables on April 28, 2017 (hereinafter “the second provisional seizure order”).

【Ground for Recognition: Facts without dispute, entry in Gap evidence 1-1-4, purport of the whole pleadings】

2. Assertion and determination

A. The Defendant’s claim for the settlement of accounts against the Plaintiff does not exceed KRW 26 million.

Nevertheless, the defendant executed the provisional seizure of this case with regard to materials, etc. used by the plaintiff when the plaintiff does construction work according to the decision of the secondary seizure of this case by making the amount exceeding 43 million won of his settlement amount as the preserved bond.

With the defendant's excessive execution, the plaintiff was suffering from losses that the plaintiff could not continue smoothly.

The defendant is liable to compensate the plaintiff for damages caused by excessive execution, but the defendant is entitled to compensate for the damages in preference to 32 million won as a part of the claim.

B. A person seeking damages due to a tort must prove that there was damage in proximate causal relation to the tort, in addition to the other party’s act attributable to him/her.

In full view of the contents of Gap evidence 12-1 to 4, Gap evidence 13-1 and 2, the whole purport of the pleadings is examined.

유사 판례

-울산지방법원 2019.02.19 2018가단60450

-광주지방법원 목포지원 2017.03.22 2016가단54597

-춘천지방법원강릉지원 2017.11.29 2017가단30046

-광주지방법원 2014.04.18 2013가합6331

-광주지방법원 2015.10.16 2014나12023