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(영문) 수원지방법원 2018.08.17 2017나59598
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. Basic facts

A. The Plaintiff filed a lawsuit against the Korea Institute of Marine Research and Development, B, etc. seeking compensation for damages with the Suwon District Court’s Ansan Branch of 201Kahap5414.

The defendant, which was established on July 2, 2012, comprehensively succeeded to all rights and obligations of the Korea Institute of Maritime Affairs, and taken over the status of the defendant of the Korea Institute of Maritime Affairs.

On November 22, 2012, the lower court rendered a judgment on November 22, 2012, stating that “The Defendant shall pay damages for delay for KRW 4,688,369,862 to each of B, etc. and the Plaintiff and KRW 3,864,189,09,091, which may be provisionally executed (hereinafter “instant first instance judgment”).”

B. On November 26, 2012, the Defendant filed an application for the suspension of compulsory execution based on the judgment of the first instance court of this case under the Act No. 2012 Chicago1324, Ansan District Court’s Ansan Branch.

On November 27, 2012, the above court rendered a ruling that “The compulsory execution based on the judgment of the first instance court of this case shall be suspended until the appellate court rendered a judgment, on the condition that the Defendant deposits in cash 1,500,000,000 won as security for the Plaintiff.”

On November 30, 2012, the Defendant deposited KRW 1,500,000 as the Geumwon District Court’s Ansan Branch No. 4295 in 2012.

(hereinafter “instant deposit”). C.

On the other hand, on November 28, 2012, the Plaintiff received a collection order (hereinafter “instant seizure and collection order”) regarding the Defendant’s deposit claim against the Defendant C Co., Ltd. (hereinafter “C”) as the Suwon District Court Branch Branch 2012TTT1801, which was served on November 29, 2012.

However, the plaintiff was above B.

Due to the decision to suspend compulsory execution, it was not actually collected.

Seoul High Court Decision 2013Na2056 Decided January 29, 2015, the Defendant appealed against the instant first instance judgment. On January 29, 2015, the lower court rendered a judgment on the following: “The Defendant jointly and severally with B, etc., to pay the Plaintiff KRW 1,322,773,943, and delay damages therefrom.”

Accordingly, both the plaintiff and the defendant are Supreme Court.

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