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(영문) 부산지방법원 2015.09.10 2014가단252357
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2011, the Plaintiff filed a lawsuit against the Korea Peninsula Comprehensive Construction Co., Ltd. (hereinafter “Korea Peninsula Construction”), the said lawsuit was constituted a voluntary adjustment with the purport that “Korea Peninsula Construction will pay KRW 70,000,000 to the Plaintiff for delay calculated at the rate of 20% per annum for the unpaid balance from September 16, 201: Provided, That as from September 16, 2013, a voluntary adjustment was made to the effect that “The damages for delay calculated at the rate of 20% per annum for the unpaid balance shall be paid.”

B. Defendant A received a decision of provisional seizure against claim that “The claim against the construction of the Korean Peninsula is provisionally seized by the said court on December 22, 2009” under the following purport: Changwon District Court 2009Kadan11018 (the amount of claim: 113,40,000 won, the obligee: Defendant A, the obligor: the Plaintiff, and the Third Obligor: the Construction of the Korean Peninsula):

(hereinafter referred to as “instant provisional seizure”). C.

around July 12, 2010, Defendant A transferred the above loan claims to Defendant B, notified the Plaintiff thereof, and notified the Plaintiff of the transfer thereof. D.

On October 28, 2011, Defendant A filed a lawsuit against the Plaintiff seeking a loan equivalent to the claim amount of the provisional seizure of this case against the Changwon District Court Branch Decision 201Gahap1637, which had been withdrawn on July 13, 2012.

(In the above lawsuit, Defendant B, the transferee of the above loan, participated in the lawsuit, and Defendant B filed a lawsuit claiming the acquisition amount against the Plaintiff on June 5, 2012, and the lawsuit was concluded to be withdrawn). E

Defendant B filed a lawsuit against the Plaintiff on December 7, 2012 against the Changwon District Court Masan Branch 2012Gahap1429 and rendered a favorable judgment with the purport that “the Plaintiff shall pay to the Defendant B KRW 113,400,000 and delay damages therefor,” but the appellate court proceeding with Busan High Court 2013Na20024 decided on December 19, 2013, the appellate court revoked the above first instance judgment and rendered a judgment dismissing the Defendant B’s claim.

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