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(영문) 서울남부지방법원 2014.11.26 2014가단28743
손해배상
Text

1. Of the instant lawsuit, the part concerning the claim for 473,200 won and damages for delay shall be dismissed.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. Defendant B asserted that, on April 3, 2014, Defendant B acquired the total amount of KRW 319,710,000,00 of the construction cost claims against the Plaintiff by the remaining Defendants other than Defendant B (hereinafter “Bsing Defendants”), and that the above acquisition amount claims were claims, and completed the provisional attachment registration of each of the instant real estate upon receipt of the provisional attachment order (hereinafter “instant provisional attachment order”) against each of the instant real estate under the Seoul Southern Southern District Court 2014Kadan70262, Seoul Southern District Court Decision 201-205, 301-205, 301-305, 401-405, 401-5, 601-605, 701-705, 801-805, 901-904 (hereinafter “instant real estate”).

B. On April 8, 2014, Defendant B filed a lawsuit against the Plaintiff seeking payment of KRW 560,989,595, including the above claim claims, with Seoul Southern District Court Decision 2014Gahap4638, Apr. 8, 2014. However, the said court dismissed the said lawsuit on August 26, 2014 on the ground that the assignment of claims between Defendant B and the remaining Defendants, etc. is null and void as the assignment of claims aimed at litigation. The said judgment became final and conclusive.

C. Meanwhile, after the judgment became final and conclusive, the Plaintiff applied for the revocation of provisional attachment as Seoul Southern District Court 2014Kadan8014 with respect to the decision of provisional attachment of this case. On October 27, 2014, the said court revoked the provisional attachment order of this case, rendered a decision that litigation costs should be borne by the Defendant B, and the provisional attachment registration of this case was revoked on November 7, 2014 as the said decision became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 7, Gap evidence 11, facts with merit in this court, purport of whole pleadings

2. The plaintiff's assertion that although the plaintiff did not take over the obligations against the remaining Defendants of the CCR Co., Ltd., the plaintiff alleged that the defendant B acquired the claim for construction price from the remaining Defendants, the plaintiff's real estate of this case is owned by the plaintiff.

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