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(영문) 서울서부지방법원 2018.06.15 2017가단230430
손해배상(기)
Text

1. The Defendant’s KRW 8,302,519 and KRW 2,844,464 among the Plaintiff’s KRW 8,302,519 and the remainder of KRW 5,458,05.

Reasons

1. Basic facts

A. In around 2008, the Plaintiff filed a lawsuit claiming rent against Korea Construction Co., Ltd. (hereinafter “Korea Construction”), and obtained a final judgment in favor of the Seoul Western District Court (Seoul Western District Court 2008Kadan10947) and applied for a compulsory auction on real estate owned by Korea Construction with the title of execution.

(Seoul Western District Court C, hereinafter referred to as "Prior Auction"). (b)

On September 18, 2015, in the prior auction procedure, at the Defendant’s name, an application for distribution was submitted to the effect that, on September 18, 2015, KRW 200 million, based on the Defendant’s judgment on Korea Construction (Seoul Western District Court 2009Da37636, hereinafter “the judgment of unjust enrichment”), KRW 453,159,590, and interest for arrears of KRW 20% per annum, and KRW 1,53,70,000, based on the Defendant’s payment order for Korean Construction (Seoul Western District Court 2015Da3860, hereinafter “payment order for rental”).

C. After that, when the distribution schedule was prepared to the Plaintiff, the amounting to KRW 8,295,288, the Defendant 14,154,064, and KRW 47,906,985, the Plaintiff filed a lawsuit of demurrer against the distribution against the Defendant, including the Defendant, on the date of distribution, on August 26, 2016, against 15, after having raised an objection to the distribution on the date of distribution, and filed a lawsuit of demurrer against the distribution (Seoul Western District Court 2016Ga3588, hereinafter “the lawsuit of demurrer against the distribution”).

In a lawsuit of demurrer against the preceding distribution, the Plaintiff asserted that all the claims asserted by the Defendant and the other Defendants of the said lawsuit were false claims, and the legal representative of 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.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, 6, 9, 10, Eul evidence No. 1, the purport of the whole pleadings

2. Assertion and determination

A. The above facts of recognition as one of the liability for damages and the evidence mentioned above, and the whole purport of the pleadings are revealed in Gap evidence Nos. 17 and 20.

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