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(영문) 수원지방법원 2020.04.23 2019가단18101

제3자이의

Text

1. The order for payment is issued by the Suwon District Court, Osan District Court, 2018, the defendant C, a corporation, with respect to G.

Reasons

1. Facts of recognition;

A. On May 31, 2016, the Plaintiff entered into an agreement between G Co., Ltd. (hereinafter “G”) with the Plaintiff on May 31, 2016 that the Plaintiff may terminate the said siren contract by setting the rental period of 36 months, the rental deposit of 33,000,000 won, the monthly rental fee of 3,722,000 won (excluding value-added tax) and the monthly rental fee of 3,72,00 won (hereinafter “the instant siren contract”). During the said siren period, the Plaintiff had the ownership of the instant movable during the said siren period, and if G delays the payment of rental fees on one occasion, the Plaintiff may terminate the said siren contract by taking a procedure such as demanding correction within a specified period of 14 days.

(However, G is entitled to transfer ownership of the movable property of this case if it is paid to the Plaintiff the transferred amount, etc. after the rental period expires and the obligation is fully fulfilled during that period. (B)

Under the instant siren contract, the Plaintiff purchased KRW 165,00,000 from H Co., Ltd. on the same day and delivered the instant movable property to G.

C. Since January 2019, between July 201 and July 2019, the Defendants performed compulsory execution against the instant movable property as indicated in the following table (hereinafter “instant compulsory execution”).

On January 24, 2019, Defendant C Co., Ltd. 1, the title of execution of the creditor C when executing the order of payment on March 24, 2019, Defendant D 2, U.S. 1813, U.S. court of Suwon District Court 2018, U.S. 1813, Mar. 21, 2019, Defendant D 2019, U.S. A. 3, Defendant E Co., Ltd. 2019, U.S. 11, 2019, U.S. Seoul Southern District Court 2019, U.S. 1042, Jun. 11, 2019.

D. Meanwhile, while G paid the Plaintiff a monthly siren pursuant to the instant siren contract, G was in arrears with the rental fee from May 25, 2016, the 36th payment date, which was the 36th payment date, and the Plaintiff was in arrears.