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(영문) 전주지방법원 2017.08.09 2016가단1924
손해배상(기)
Text

1. The Defendant’s KRW 2,062,241 as well as the annual rate of KRW 5% from November 21, 2015 to August 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On March 18, 2004, the Defendant filed an application for provisional seizure of real estate against the Plaintiff, claiming that the Plaintiff had a claim of KRW 328 million with respect to the loans of KRW 30 million against the Plaintiff at the Jeonju District Court on March 18, 2004, and filed an application for provisional seizure of real estate against the Plaintiff, which is owned by the Plaintiff, with regard to KRW 1,210 square meters prior to Kim Jong-si, Kim Jong-si, and KRW 360 square meters for the land for stock farm in Kim Jong-si, which is owned by the Plaintiff. The above court rendered a decision of acceptance with the Jeonju District Court Decision 2004Kadan224 dated April 7, 2004.

(2) On September 1, 2004, in order to revoke the execution of the above provisional seizure, the Plaintiff deposited for the piracy with the Jeonju District Court No. 3563 (hereinafter “instant provisional seizure”). On September 4, 2004, the above court revoked the execution of the provisional seizure under the Jeonju District Court No. 2004Kag942.

(3) On June 8, 2005, the Plaintiff filed an application for revocation of the provisional seizure order with the Jeonju District Court 2005Kadan4058, and the above court revoked the provisional seizure order on March 31, 2008.

B) On April 6, 2004, the Defendant filed an application for provisional attachment of real estate with the Jeonju District Court for provisional attachment of real estate on the land of 387m2, 303m2, 303m2, 145m2, which is owned by the Plaintiff, with the claim against the Plaintiff, among the loan claims against the Plaintiff, at the Jeonju District Court on April 6, 2004 (hereinafter “the provisional attachment of this case 2”). On April 9, 2004, the said court made a decision of acceptance with the Jeonju District Court 2004m3082 (hereinafter “the provisional attachment of this case”).

(2) (2) In order to revoke the execution of the above provisional seizure on September 1, 2004, the Plaintiff deposited a deposit with the Jeonju District Court No. 3564, 30 million won (hereinafter “instant deposit 2”).

On September 4, 2004, the above court revoked the execution of the provisional seizure as the Jeonju District Court 2004Kaga943 on September 4, 2004 (3) The plaintiff filed an application with the Jeonju District Court 2005Kadan4061 on June 8, 2005 for revocation of the provisional seizure order, and the above court made the provisional seizure on March 31, 2008.

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