logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.04.23 2015나322
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and such part shall be dismissed.

Reasons

1. The reasoning for the court’s explanation of this part of the judgment on the Plaintiff’s main claim is as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Therefore, it is decided to accept it as it is by the main sentence of Article 420

2. Judgment on the part of the defendant's counterclaim claim

A. The Plaintiff’s principal lawsuit, which is the cause of the Defendant’s counterclaim, is clear that all of the Plaintiff’s main claim for loans or the claim for return of unjust enrichment by the primary claimant is without merit, and the Plaintiff also knew of this fact, thereby filing a suit with the purport that there is a certificate of transfer transfer of deposits without passbook. Thus, the Plaintiff’s principal lawsuit is very unfair

Furthermore, the plaintiff filed a lawsuit and seized the defendant's real estate for the purpose of preserving the claim. As long as the main lawsuit is very unfair, the execution of the provisional seizure is very unfair.

Since the defendant suffered mental suffering due to such improper provisional seizure by the plaintiff, the plaintiff must pay 20 million won as consolation money to the defendant.

B. (1) The judgment of the court is that a preservative measure such as a provisional attachment or a provisional disposition is executed by the court's judgment, but the existence of a substantive claim is entrusted to the lawsuit on the merits and is subject to the creditor's responsibility. Thus, in the event that the execution creditor's loss in the lawsuit on the merits became final and conclusive after the execution of the preservative measure, it shall be presumed that the execution creditor has intention or negligence with respect to the damage incurred to the debtor due to the execution of the preservative measure, and therefore, he is liable to compensate for the damage caused by such unfair execution. If the provisional attachment debtor deposits the amount of a claim for provisional attachment after the provisional attachment and was revoked the execution, the provisional attachment debtor shall be at least equivalent to 1% per annum, which is the interest rate of 5% per annum, the civil interest rate

arrow