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(영문) 울산지방법원 2018.10.30 2017가단65205
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The instant lawsuit (Ulsan District Court 2015Gahap22546, Busan High Court 2017Na50181), the Defendant filed a lawsuit against the Plaintiff on September 14, 2015, claiming the payment of the “2,249,000,000 won and damages for delay” due to the payment of the construction payment on September 14, 2015 - the first instance court - (2) - the Defendant partially favorable judgment of the Defendant on December 28, 2016 (the Plaintiff is demanding the Defendant to pay KRW 270,153,910 and damages for delay) - the second instance court - the revocation of the part of the first instance court on July 12, 2017, the Defendant partially favorable judgment of the Defendant (the Plaintiff is demanding the Defendant to pay KRW 41,346,739, and damages for delay.

B. On September 24, 2015, the Defendant filed an objection against the provisional seizure of the said merits against the Plaintiff on September 24, 2015 (the U.S. District Court 2015Kahap10126 real estate provisional seizure, the U.S. District Court 2015Kahap10154 provisional seizure, and the Busan High Court 2016Ra5013 provisional seizure) related to the provisional seizure of the said immovables (the provisional seizure of the said merits against the Plaintiff on September 24, 2015, and the provisional seizure on condition that the security was offered.2) The Plaintiff thereafter filed an objection against the provisional seizure of the said immovables, but

South. 3 After the plaintiff was rendered a favorable judgment in the first instance of the lawsuit on the merits, the plaintiff appealed to the Busan High Court on the rejection decision of the provisional seizure, but the appellate court also rejected the appeal.

(c).

The lawsuit related to the provisional attachment No. 2 (Ulsan District Court 2015Kahap10126, 2017Kahap1009) - The Busan High Court 2017Ra5039) - The plaintiff filed an application for the provisional attachment again after being given a favorable judgment in the first instance of the lawsuit on the merits, but the Ulsan District Court dismissed the application and the Busan High Court 2017Ra5039 decided to dismiss the application. [Grounds for recognition] There is no dispute, Gap 1-8 evidence, Eul 1-7 evidence, each entry in this court, significant facts to this court, the purport of the whole pleadings.

2. Determination as to the cause of action

A. As seen in the facts established in the first instance of the Plaintiff’s assertion, the Defendant’s assertion against the Plaintiff in a lawsuit on the merits against the Plaintiff.

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