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(영문) 서울북부지방법원 2019.09.26 2019가합22443
청구이의
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

2. Defendant (Counterclaim Plaintiff) and Defendant (Counterclaim Defendant)

Reasons

1. Basic facts

A. The parties’ status and occurrence of accidents are as follows: (a) the Plaintiff is a person who operated an entertainment tavern under the trade name “E” in Yeongdeungpo-gu Seoul Metropolitan Government; (b) Defendant B and C are the parents of F, and Defendant D are the members of F; and (c) on March 23, 2017, the Plaintiff lost awareness under the influence of alcohol in the entertainment tavern of “E” located in Yeongdeungpo-gu Seoul Metropolitan Government.

G and H, with I as well as I, were placed on the drums in front of the building, which were located outside the entertainment tavern.

F was sent to a hospital by police officers and fire officers on the same day and received medical treatment, but died on March 24, 2017 due to multi-presidential long-term damage, etc.

(hereinafter referred to as “F”). (b)

1) The judgment of the court below and the final decision 1) The Defendants, the deceased’s surviving family members, filed a lawsuit with the Seoul Northern District Court 2017Gahap26465 against the Plaintiff, G, H, and I to compensate for the loss of the deceased’s death. On June 20, 2018, the above court rendered a judgment with the purport that “the Plaintiff, G, H, and I jointly pay to the Defendant B the amount of KRW 110,546,48 won, KRW 100,000 to the Defendant C, KRW 1,000,000 annually from March 24, 2017 to June 20, 2018, and KRW 15% per annum from the next day to the date of complete payment” (hereinafter “the judgment of this case”).

(2) The Plaintiff filed an appeal with Seoul High Court No. 2018Na2041137, but the instant judgment became final and conclusive on March 26, 2019 after withdrawing the appeal.

C. Based on the instant judgment, the Defendants filed an application for a compulsory auction on real estate owned by the Plaintiff with the Seoul Southern District Court J of Seoul Southern District Court for a compulsory auction on July 24, 2018 (hereinafter “instant auction”), and received a decision to commence a compulsory auction on the said court’s own real estate (hereinafter “instant auction”). The Defendants filed an application for a seizure and collection order on the Plaintiff’s claim with the Seoul Southern District Court 2018TTT District Court No. 2010198.

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