제3자이의
1. The Defendant is based on the executory exemplification of the Daejeon District Court Order 2010Kahap1184 dated November 8, 2010.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings by Gap evidence Nos. 2, 3, 4, 5, 6, and 9-1, 2, Eul evidence Nos. 2, 3, 4, 5, and 6-2, 7, 8, 11, and 12, and testimony by the witness C:
The defendant's claim for the settlement of accounts 1) The business that, around July 1997, the defendant manages and sells landscaping trees jointly in D and E in Seosan-si E in order to manage and sell them and, if a profit occurs, divide them by 50% (hereinafter "the business in this case").
(D) On July 5, 2004, the Defendant, on December 8, 2009, filed a lawsuit seeking the settlement of accounts with the Daejeon District Court 2009Kahap13815 against D on December 8, 2009.
The duplicate of the above complaint reached D on January 19, 2010.
3) On August 27, 2010, D was sentenced to the Defendant to pay the settlement amount of KRW 461,00,000,000 to the Defendant, and damages for delay thereof. D, who was dissatisfied with the foregoing judgment, filed an appeal under the Daejeon High Court Decision 201Na6381, but was dismissed on November 4, 201, and filed an appeal under the Supreme Court Decision 201Da104284, but was dismissed on October 24, 2013. (b) D was dismissed on December 30, 209. (c) On December 30, 2009, D concluded a contract for transfer of the landscape trees managed in relation to the said business (hereinafter “instant contract”).
The main contents of the instant First Contract are as follows.
Article 4 (Transferor) In order to seek a civil judgment on October 30, 2009, the Daejeon District Court 2009Gahap14511 decided on October 30, 2009 that there is no share of business to be paid to B for the F projects of Gap (Transferor).