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(영문) 광주지방법원 2016.05.13 2015나10215
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion that the defendant provisionally attached the plaintiff's claim for the construction price against the Korea Rural Community Corporation Korea Rural Community Corporation's branch (hereinafter "Korea Rural Community Corporation") and attached the plaintiff's claim for the construction price against Jindo-gun for the purpose of damaging the plaintiff's image and obstructing construction in bad faith even though the above contract price satisfied the defendant's claim. The plaintiff applied for the revocation of provisional attachment and applied for the revocation of provisional attachment, and the plaintiff did not receive the construction price from time due to provisional attachment, and did not pay the value-added tax at time, and caused damages such as the payment of expenses for the revocation of provisional attachment. Thus, the defendant is liable for compensation for damages suffered by the plaintiff due

2. Determination

A. Facts of recognition 1) Worldro Construction Co., Ltd. (hereinafter “Together”);

On February 6, 2013, the Korea Rural Community Corporation entered into a contract with the Korea Rural Community Corporation for the improvement and repair works of farming convenience facilities in the Agricultural Zone, and the Plaintiff, on February 6, 2013, agreed to perform the said works by entering into a subcontract with the world.

On February 7, 2013, the Plaintiff issued a promissory note with a face value of KRW 950 million at the face value to the Plaintiff on February 7, 2013 to secure the payment of the construction cost, and made a notarial deed. The Plaintiff agreed to attach and obtain the claim against the Korea Rural Community Corporation in the world by using the said notarial deed.

Accordingly, on February 19, 2013, the Plaintiff applied for the attachment and assignment order against the world, and seized the claim against the construction cost of the world to the Korea Rural Community Corporation as the Gwangju District Court 2013TTT192.

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