logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.12.09 2014가합4096
손해배상(기) 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 7, 2010, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) established Plaintiff B as the representative director, and Nonparty C leased Nonparty F of the main floor and the first floor from Non-Party C’s factory in Bupyeong-gu, Seoul Special Metropolitan City E (hereinafter “instant factory”) where Non-Party C had operated the former personal business entity of “D”).

On September 1, 2010, the Plaintiff Company leased the second floor 43 square meters (attached Form 1; hereinafter the same shall apply) of the same factory from the same lessor by setting the deposit amount of KRW 9 million, monthly rent of KRW 900,000,000, and the lease period from the contract date to August 31, 2012.

B. On August 17, 2012, the Defendant filed a lawsuit against the Plaintiff Company seeking payment of KRW 56,737,855 (hereinafter “previous lawsuit”) with the Incheon District Court Branch Branch Decision 2012Gadan27096 against the Plaintiff Company and damages for delay thereof (hereinafter “previous lawsuit”), and was sentenced to dismissal of the claim on August 8, 2013, and the judgment became final and conclusive.

C. On February 18, 2013, when the previous lawsuit is pending, the Defendant applied for provisional attachment on March 4, 2013 (hereinafter “instant provisional attachment”) with respect to the deposit claim against the non-party Industrial Bank of Korea as the Incheon District Court Branch Branch Decision 2013Kadan668, and received the provisional attachment order on March 4, 2013 (hereinafter “instant provisional attachment”). The Defendant applied for provisional attachment on the corporeal movables owned by the Plaintiff Company as the same court 2013Kadan669, and received the provisional attachment order on March 8, 2013 (hereinafter “provisional attachment on corporeal movables”). The provisional attachment on March 8, 2013 (hereinafter “instant provisional attachment”). In the case of the instant provisional attachment, each of the instant provisional attachment

The original copy of the instant decision on provisional seizure of claims was served on March 7, 2013 with the Bank, and the provisional seizure of corporeal movables based on the decision on provisional seizure of the instant corporeal movables was carried out around March 18, 2013.

arrow