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(영문) 인천지방법원부천지원 2016.05.03 2015가단116737
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff filed a lawsuit against the Defendant and C seeking the return of KRW 30,00,000 for loans (this Court Decision 2013Da5352). During the process of the lawsuit, the Defendant filed a counterclaim against the Plaintiff to seek payment of KRW 90,042,177 in total amount of loans and construction work (this Court Decision 2013Gadan19023). The court of first instance dismissed both the Plaintiff’s claim and the Defendant’s counterclaim. The Plaintiff and the Defendant appealed from the Incheon District Court 2013Na18394, 200 (Counterclaim) (the first instance court reduced the principal amount of the counterclaim from the next day to 84,759,039). While the Defendant dismissed the Plaintiff’s appeal against the principal of the counterclaim, the court accepted the Defendant’s judgment regarding KRW 2013Da183939, Jun. 23, 201, and sentenced the Defendant to KRW 2013.

[3] The Plaintiff appealed against the instant judgment [the instant executive title], but [the Supreme Court Decision 2015Da12802, 2015Da12819, 2015Da12819)], and the judgment of the said appellate court became final and conclusive on June 11, 2015, and the judgment of the said appellate court became final and conclusive on June 17, 2015. (B) The Defendant filed an application for a seizure and collection order as to each of the deposit claims against the Plaintiff’s National Bank of Korea (hereinafter “National Bank”) and the Industrial Bank of Korea, Co.,, Ltd. (hereinafter “National Bank”) based on the instant executive title on May 29, 2015.

(The amount of the claim was KRW 24,311,451, KRW 14,311,451, KRW 10,000 for the National Bank, and KRW 10,000 for the Bank). (2) The court accepted the Defendant’s application, and issued the seizure and collection order on June 9, 2015, respectively.

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