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1. Ulsan District Court Order 2017Ka-246 dated August 28, 2017 against the Defendant’s Plaintiff was enforced.
Reasons
1. Basic facts
A. The Plaintiff asserted that he/she has a claim for the contract deposit against the Defendant, and filed an application for provisional seizure of claims with the Defendant as the debtor and as the third debtor C (2016Kahap265) with this court (hereinafter referred to as the “instant court”). On August 1, 2016, the Plaintiff received a provisional seizure decision on the condition that the said court submit the deposit insurance policy as security and deposit KRW 20 million.
B. On July 29, 2016, pursuant to Article 280 of the Civil Execution Act, the Plaintiff deposited the Defendant with cash of KRW 20 million (deposit No. 3666, 2016) in this court as the principal deposit account, pursuant to the said provisional attachment ruling.
C. On May 15, 2017, the Defendant’s objection to provisional seizure objection (this Court Decision 2017Kahap101), the said provisional seizure decision was revoked, and the said decision became final and conclusive at that time, on the grounds that there is a lack of vindication of the Plaintiff’s right to be preserved.
The Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs under this Court Decision 2017Kahap101 with respect to the instant case of demurrer against provisional seizure. On August 28, 2017, the said court rendered a decision that confirmed that the amount of litigation costs to be repaid to the Defendant was KRW 3,841,160 (hereinafter “instant one decision”) and the said decision became final and conclusive on September 8, 2017.
E. Based on the decision of this case 1, the Defendant paid the claimed amount to KRW 3,841,160.
As to the plaintiff's right to claim the return of the deposit in this court, this court applied for a seizure and collection order (2017TT 105606). On September 28, 2017, the court received a seizure and collection order from the above court.
F. Meanwhile, with respect to the lawsuit related to this case between the Plaintiff and the Defendant, the Busan High Court 2017Na54367, which was the appellate court, filed an application against the Defendant for the determination of the amount of litigation costs as the court 2017Kao-377, and the said court on February 21, 2018, applied for the determination of the amount of litigation costs owed by the Defendant to the Plaintiff.