logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2020.02.03 2019가단5009
청구이의
Text

1. Compulsory execution based on the Defendant’s Jeju District Court Decision 2019 Ghana54 Case against the Plaintiff is a compulsory execution.

Reasons

1. Basic facts

A. On April 10, 2019, the Defendant filed a lawsuit seeking damages against the Plaintiff on April 10, 2019, asserting that “In October 201, the Defendant provided necessary steel bars to the Plaintiff while awarding a contract for a part of the construction of the E-family house to the Plaintiff in Jeju, and the Plaintiff did not return 3.71 tons of the steel remaining after the Plaintiff used for the construction, thereby incurring damages of KRW 3,484,116.”

On April 23, 2019, the above court rendered a decision of performance recommendation with the purport that "the plaintiff shall pay to the defendant 3,484,116 won and the amount calculated by the rate of 5% per annum from October 20, 2012 to the service date of the authentic copy of the decision of performance recommendation, and 15% per annum from the next day to the day of full payment." The above authentic copy was served on the plaintiff on May 23, 2019, and the above decision was finalized around that time.

B. On the other hand, on the other hand, the Plaintiff filed a principal lawsuit against the Defendant in December 2012 against Jeju District Court 2013Gahap3473 on the said new construction works. In the said lawsuit, the Defendant filed a counterclaim against the Plaintiff’s claim for damages due to delay of construction as the head of the 2013Gahap3473.

On July 23, 2015, the court of first instance rendered a judgment to partially accept the plaintiff's claim on the main claim and to fully dismiss the defendant's claim on the counterclaim.

On June 1, 2016, the appellate court accepted part of the appeal against the defendant against the main lawsuit of the first instance and rendered a decision to dismiss the defendant's counterclaim in its entirety. The appellate court rendered a decision to dismiss the defendant's counterclaim.

The Defendant, as a preparatory document submitted from the first instance court of the said lawsuit on June 15, 2015, has embezzled the remainder of 3.7 tons at the market price of 3,700,000 won, which the Plaintiff received from the Defendant.

arrow