logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.05 2017나57469
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff filed an application for the seizure and collection order against B’s wage and retirement allowance claim against B based on the executory exemplification of the judgment in the loan claim No. 2003Da3570 with Changwon District Court 2014TT84, to receive KRW 35,500,000 from the loan claim against B.

On February 13, 2014, the judicial assistant officer of the above court accepted the Plaintiff’s application and issued a seizure and collection order (hereinafter “instant claim seizure and collection order”), and around that time, the original copy of the decision on the seizure and collection order was served to C, the garnishee.

B. On February 27, 2014, the judicial assistant officer of the above court rendered a decision to correct the sum of the claims for the seizure and collection order of the instant case as “35,50,000 won,” and around that time, the original copy of the above decision was served to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The plaintiff's alleged judicial assistant officer erroneously stated the sum of the claim amount of KRW 35,50,000 in the collection order and the seizure and collection order of this case. The plaintiff suffered losses which the plaintiff could not receive the loan amounting to KRW 35,500,000 from B. Thus, the defendant is obligated to pay the plaintiff the amount of KRW 7,500,000, which is part of the amount of the damages that the plaintiff had not received from B, as damages due to the tort committed by the judicial assistant officer, and KRW 35,500,000,000.

B. The order of seizure and collection becomes effective when it is performed without examining the garnishee, and is served on the garnishee.

If the decision of correction of the original order of seizure and collection becomes final and conclusive, the original order of seizure and collection shall be integrated with the original order of correction, and it shall be corrected from the beginning.

arrow