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(영문) 서울중앙지방법원 2014.03.21 2012가단352811
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s provisional attachment and inspection result of seized objects 1) The Plaintiff is a corporation D (hereinafter “foreign company”) on April 11, 2006.

In order to preserve the damage claim against the non-party company, the Seoul Southern District Court issued a provisional attachment order (the above court 2006Kadan6423) on the non-party company's corporeal movables (the above court 2006Kadan6423). (2) On April 13, 2006, Defendant A, an execution officer of the Cheongju District Court, in the Chungcheong Northern District Court E, clearly stated that the corporeal movables owned by the non-party company as indicated in attached Form 1 (the above corporeal movables in this case) are provisionally seized in the presence of F and employees of the non-party company, and kept the said corporeal movables in the non-party company with the consent of the plaintiff, the creditor, and the possession of the corporeal movables in the provisional attachment was transferred to the execution officer, so any person was not disposed of and concealed, or was subject to punishment in the event of damage to the execution officer. The above protocol was presented to the party who participated in the execution.

On May 8, 2006, the representative director of the non-party company H submitted a report on the change (transfer) of the storage place to the Cheongcheon-gun, Jincheon-gun (hereinafter referred to as the "former storage place") for the reason that the former storage place expired.

3) On July 21, 2006, the Plaintiff filed an application for a request to inspect the current status of the seized articles, such as whether the seized articles have been abnormal, etc. Accordingly, Defendant B, at the changed storage place on July 27, 2006, inspected the custody status of the seized articles under the participation of the representative director H of the non-party company, and as a result, the attachment list listed in attached Table 1 (hereinafter “instant attachment list”).

Along with the fact that 24 Rawls out of No. 5 microfrithm manufacturers and No. 15 frithm frithm 27 rolls were destroyed.

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