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(영문) 의정부지방법원 2016.11.10 2016나5406

청구이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 22, 2014, the Plaintiff requested C to construct a new building of “D”, and C subcontracted the said construction to E.

B. The Defendant is a person who runs the business of lending temporary materials in the name of “F”, and around the end of July 2014, the Defendant loaned the necessary temporary materials to E as a result of the construction site.

C. The construction completion contract entered into between the Defendant and E (hereinafter “instant contract”) is indicated in the joint and several sureties column in the joint and several sureties column of the said contract as follows. A’A’s signature and seal was affixed to the door door. This part was written and sealed in advance by C before the said contract was concluded.

Name of joint and several sureties: D Registration Number: G resident number: H representative telephone: I address: J representative director in Dong-gu, Dong-gu, Dong-gu, Y (Plaintiff)

D. The Defendant filed an application for payment order against the Plaintiff and E to the effect that the Plaintiff seeking rent, etc. was not paid due to the failure to receive the construction temporary rent. On March 15, 2015, the Defendant did not file an objection within two weeks after the original copy of the payment order was served on the Plaintiff, and the part against the Plaintiff was finalized as is.

(E) The E duly raises an objection. (e)

On June 17, 2015, a compulsory execution was conducted on the corporeal movables owned by the Plaintiff based on the original of the above executory payment order.

(No. 1, No. 4 (Evidence No. 1-8, No. 1-1-2, No. 1-2, No. 1-2, No. 1-2, No. 1-2, No. 1-2, and No. 3-2, No. 1-2, No. 1-2, and No. 1-3, No. 1-2, No. 1-2, No. 1-2, No. 1-2, No. 1-2, No.

2. The part of the instant lawsuit demanding the denial of compulsory execution against the instant corporeal movables, ex officio, of the judgment on the part demanding a refusal of compulsory execution against the instant corporeal movables.