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(영문) 인천지방법원부천지원 2016.07.21 2016가단4879
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On February 24, 2015, the Defendant received a provisional attachment order (hereinafter “instant provisional attachment order”) against each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”) as the claim amounting to KRW 280,000,000 from the Plaintiff as the claim amounting to KRW 280,000.

B. After that, the Plaintiff filed an application with this Court for an order to institute a suit regarding the foregoing provisional seizure case, and this Court, on March 25, 2015, issued an order to file a suit with the Defendant on March 25, 2015, stating that “When the Plaintiff filed a suit on the merits within 14 days from the date of service of the order to institute a suit, and submitted a document evidencing that the lawsuit has been pending, the documents evidencing the fact that the lawsuit has been pending shall be shipped out.” On March 30, 2015, the Defendant did not submit the above evidentiary documents until

C. Ultimately, on June 24, 2015, upon the Plaintiff’s request for revocation of provisional attachment, a decision was rendered to revoke the provisional attachment order of this case on the grounds of the intention and intention of the filing period by this court 2015 business group57.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant had no intention to divorce with respect to each of the real estate of this case as the claim amounting to KRW 280,00,000,000 on the grounds of divorce and the claim amounting to KRW 280,000. Such improper provisional seizure causes damages to the plaintiff, which is equivalent to KRW 470,00,000, and KRW 1,205,50,000 for extension of loan (= KRW 591,640, KRW 613,910) to the Korea Technology Finance Corporation and the financial institutions, etc.., and the plaintiff is obligated to pay damages for delay. The defendant is obligated to pay to the plaintiff the sum of KRW 1,675,50,00 (=the above KRW 470,00, KRW 1,205,500), and KRW 20,675,500,000 as part of the above KRW 21,675,500.

(b) judgment 1 provisional attachment; or

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