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(영문) 의정부지방법원 2018.04.05 2017가단18385
손해배상(기)
Text

1. The Defendant’s KRW 9,187,100 as well as the Plaintiff’s annual rate of KRW 5% from August 25, 2017 to April 5, 2018, and the next day.

Reasons

1. Facts of recognition;

A. On May 8, 2014, in order to preserve the claim against the Plaintiff, such as loans, etc., the Defendant seized the claim, the Plaintiff received a decision on provisional seizure of claim No. 2014Kadan3980 from the Incheon District Court (hereinafter “provisional seizure of claim”) regarding KRW 63,091,093 among the claim for oil price owned by the Gwangju Forest Co., Ltd. (hereinafter “Mining”), and the original copy of the said decision was served on the Gwangju Forest Co., Ltd., the garnishee on the 12th day of the same month.

B. After the lapse of the principal lawsuit, the Plaintiff filed a principal lawsuit against the Defendant for the oil payment claim against the Incheon District Court 2013Gahap14800.

While the above lawsuit is pending, the defendant filed a claim against the plaintiff, namely, the following claims against the plaintiff, namely, ① KRW 30 million loan, ② KRW 20 million loan, ③ KRW 35,20 million deposit, ④ unjust enrichment amounting to KRW 40,000,000, ⑤ claim for advance reimbursement of KRW 40,000,000 (each of the above claims claimed by the defendant is specified as each of the above numbers), ⑤ claim for remainder after deducting the amount of claim ④ from the amount of claim for the oil price owned by the plaintiff, ④ claim for the fuel price amount remaining after deducting the amount of claim ④ the amount of claim from the amount of claim for the oil price owned by the plaintiff, ②, ② and ③ each claim is set off against the plaintiff on an equal amount with the automatic claim, and as a result, the counterclaim filed a claim against the plaintiff for payment of KRW 63,091,093 and damages for delay (the counterclaim district court 2014Ga38455).

On July 18, 2014, the above court accepted the part of the Defendant’s claim for a loan of KRW 30 million among the Defendant’s counterclaim (i) and accepted part of the Plaintiff’s claim for a main lawsuit and rendered a judgment dismissing the Defendant’s claim for a counterclaim in whole.

On June 2, 2016, the appellate court appealed against the defendant. On June 2, 2016, the appellate court accepted the part of the claim for takeover of KRW 20 million among the defendant's defenses against the defendant's claim for the main claim (B) and revoked the part of the main claim in the judgment of the first instance, dismissed the plaintiff's claim for the main claim corresponding to the revoked part, and all appeals against the remaining main claim and counterclaims are appealed.

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