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(영문) 수원지방법원평택지원 2017.07.07 2016가단9204

제3자이의

Text

1. The Defendant’s notary public against Nonparty C on October 2, 2015, No. 371, 2015, drafted on October 2, 2015.

Reasons

1. Basic facts

A. On November 4, 2014, the Plaintiff (D) entered into a construction contract between Nonparty C and Nonparty C with the content that the Plaintiff will supply and install the goods listed in the attached Table, such as the Plaintiff stored and stored in the F in Pyeongtaek-si E, with the construction cost of KRW 368,780,00, and the construction period from November 4, 2014 to December 27, 2014 (hereinafter “instant facility contract”), and supplied and install the goods listed in the attached Table within the construction period.

B. The Plaintiff and Nonparty C agreed to the effect that Article 4 of the instant facility contract and Article 4 of the “the owner (C) fails to perform the payment of construction works and goods,” and that all the ownership of facilities and equipment is owned by the contractor (the Plaintiff) and that the project owner cannot transfer all the business rights and facilities in the construction site to a third party without paying the construction works and goods, and cannot oppose any legal measures of the contractor (the Plaintiff). In addition, when the payment of the construction cost is not performed, the project owner shall be liable for civil and criminal liability.”

C. By July 14, 2015, the Plaintiff received 162,000,000 won out of the construction price as indicated in the following table, and did not receive the remainder of 206,700,000 won.

F GH IJ H H H H H L I I G H L L

D. On October 2, 2015, No. 371, No. 371, No. 2015, No. 371, a notary public, with respect to the articles listed in the separate sheet between C and the Defendant, was prepared with respect to the articles listed in the separate sheet (hereinafter “instant notarial deed”). The main contents are as follows:

Article 1 (Loan of Money) The Defendant lent KRW 30,855,000 to C on June 23, 2015, and C borrowed this.

Article 8 (Recognition of Compulsory Execution) When Article C does not discharge a pecuniary obligation under this contract, C acknowledged that there was no objection immediately after compulsory execution.

Article 9 (Transfer for Security) C transferred the ownership of an article listed in the attached Table, which is his/her ownership, to the defendant by means of an occupancy amendment for the purpose of securing the performance of the above obligation, and the defendant.