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(영문) 청주지방법원제천지원 2016.06.16 2015가단21246
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 August 23, 2006, the Plaintiff filed a lawsuit against C et al. seeking payment of the price for goods under the Daegu District Court 2006Gadan1137 and was sentenced to a judgment on August 23, 2006 that “C et al. jointly and severally paid 12,000,000 won and 20% interest per annum from January 20, 2006 to the date of full payment.” The above judgment became final and conclusive around that time.

(hereinafter “instant executive titles”). B.

On January 5, 2015, the Plaintiff: (a) requested the Defendant, a certified judicial scrivener, to provide consultation on compulsory execution of the property C owned by the Plaintiff; (b) issued the instant title of the instant construction machinery; and (c) the register of the Ewing Franc vehicles (hereinafter “instant vehicle”) on November 4, 2014, which the Plaintiff possessed; and (d) stated that the said construction machinery continues to be owned after C completed the transfer registration on May 16, 201, as to the instant construction machinery.

On the same day, the defendant paid to the plaintiff a statement of account for the execution cost of KRW 1,684,630, including the filing fee of KRW 321,160, service fee of KRW 248,50, appraisal fee of KRW 200,00, newspaper notice fee of KRW 220,00, and auction fee of KRW 55,710.

C. On February 6, 2015, the Plaintiff paid KRW 1,684,630 to the Defendant.

On February 9, 2015, the Defendant issued the original register for the application for auction of the instant construction machinery, and the said original register stated the purport that Gyeongdae Construction Co., Ltd. completed transfer of ownership on December 4, 2014 regarding the said construction machinery.

E. On February 9, 2015, the Defendant filed an application for an auction of the instant automobile owned by C with the Cheongju District Court SupportF, based on the instant title (hereinafter “instant auction case”), and the said court rendered a ruling to commence the auction of the said automobile on March 5, 2015, and on March 6, 2015.

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