제3자이의
1. For each movable described in Nos. 1, 2, 3, 6, 7, 12 or 22 in the annexed list: (a)
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. B and C’s delegation agreement signed between B and C had employed 35 workers while operating the manufacturing business under the trade name of D, and D had worked for E and F as an outsourcing company in addition to the above workers.
B and D, on March 10, 2017, C signed a delegation agreement that delegates C with respect to all rights and disposals other than the establishment of corporate bank collateral security rights in all machinery, apparatus, cards, fixtures, etc. in the D factory for the purpose of appropriating personnel expenses and retirement allowances for officers and employees of foreign cooperative companies in the factory.
B. On March 10, 2017, G, the representative of F, and H and C, the Plaintiff and C, on March 10, 2017, agreed to transfer to the Plaintiff, KRW 250 tons, KRW 57,500,000,000,00 for shipping personnel expenses, KRW 2500,000,00 for the movable property (excluding six co-owned containers) for which the disposal authority was delegated by B, and the transfer proceeds received from the Plaintiff shall be appropriated for personnel expenses and retirement allowances for D employees and external employees (hereinafter “instant transfer contract”).
(2) The Plaintiff, on March 10, 2017, remitted each of the KRW 33 million to E and F, respectively, on March 10, 2017, which was on the date of the agreement.
C. The Defendants’ seizure and provisional seizure 1) Defendant East Sea Steel Co., Ltd. (hereinafter “Defendant East Sea Steel”)
(2) On April 18, 2017, the Defendant seized each of the movables listed in the separate sheet, based on the original copy of the instant payment order against B, on the basis of the original copy of the instant payment order against B (the original original District Court Jinwon Branch Branch 2017No385). On the same day, the Defendant attached each of the movables listed in the separate sheet, based on the original copy of the instant judgment against B (the original District Court Jinju Branch 2017No395). The Defendant Industrial Bank of Korea (the instant lawsuit on September 5, 2017) withdrawn from the instant lawsuit.
on the same day, the original copy of the decision of provisional seizure of this case.