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(영문) 서울중앙지방법원 2020.11.19 2020가합545981
손해배상(기)
Text

1. The Defendant’s KRW 254,233,836 among the Plaintiff and KRW 200,000 among them, shall be KRW 54,233,836 from August 31, 2019 to KRW 54,236.

Reasons

Basic Facts

The Plaintiff’s status as the parties is a company established based on Article 36-3 of the Depositor Protection Act for the purposes of taking over the business or contract of an insolvent financial institution related to the liquidation of insolvent financial institution, paying claims, such as deposits, and managing and disposing of delegated assets for the purpose of protecting depositors, etc. and maintaining the stability of the financial system, and for the purpose of managing and disposing of the entrusted assets:

subsection (1) of this subsection.

The defendant is a debtor who bears the contractual obligation against J.

On October 5, 2009, the Plaintiff filed a lawsuit against the J, etc. against the Seoul Central District Court 2009Gahap112911. On October 28, 2010, the above court rendered a judgment accepting the Plaintiff’s claim that “The J shall pay to the Plaintiff 2,539,32,939 won and 1,646,885,163 won with interest of 23% per annum from August 4, 2009 to the date of full payment.” The above judgment was finalized on December 16, 2010.

On March 10, 2015, the J and the Defendant filed a lawsuit claiming the agreed amount of money against the Defendant on March 10, 2015, Seoul Central District Court 2015Gahap516750.

On July 30, 2015, in order to secure the above contract amount by filing a lawsuit under the preceding paragraph as the principal lawsuit, the J has completed the provisional attachment registration (hereinafter “registration of provisional attachment of this case”) by the Chuncheon District Court No. 9064, Jul. 31, 2015, which was issued a decision of provisional attachment (Seoul District Court 2015Kadan1250, hereinafter “decision of provisional attachment of this case”) with respect to each real estate listed in the separate list No. 1 owned by the Defendant (hereinafter “each real estate of this case”).

The defendant is the Seoul Central District Court 2015Kadan20342 against the provisional seizure order of this case.

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