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(영문) 전주지방법원군산지원 2016.02.25 2015가단354

제3자이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On January 1, 2014, the Plaintiff established and operated the C (hereinafter “C”) on January 1, 2014, and purchased typ from Company B (hereinafter “B”) and supplied it to the Customer.

Attached Form

Other foreign products listed in the list of goods (hereinafter referred to as “the other foreign products of this case”) are also owned by the plaintiff at his own expense.

Nevertheless, on December 24, 2014, the Defendant: (a) attached the instant separately located in the D warehouse in Sosan-si, the Plaintiff’s place of business; (b) on the basis of a notarial deed with the executory power of a monetary loan agreement No. 98 of the document 2014, a notary public against B, the movable property of which was attached (hereinafter “instant compulsory execution”).

The defendant's compulsory execution of this case is improper for the plaintiff's property not owned by B.

B. In September 2013, the Defendant entered into a contract with B and the Defendant with the content of domestic sales if he/she directly imports and supplies double-production (E Co. Ltd).

Since then, the defendant imported from China and supplied typists to B, but the dispute between B and B was settled.

On December 30, 2013, January 17, 2014, the Defendant notified B of the submission of a product shipment statement and a collection plan, prohibition of delivery of additional products, and payment of sales proceeds, i.e., immediate payment, etc., on the grounds that B did not properly deposit sales proceeds after the delivery of live fishing.

On February 17, 2014, the Defendant and B agreed that the Defendant shall waive all rights arising from the sale of the exclusive imports as above and transfer typists, etc. to B, and the Defendant shall pay KRW 214,674,617 to the Defendant in eight installments from June 17, 2014 to January 17, 2015.

With respect to the above agreement, the defendant and B shall have the executory power of the monetary loan contract No. 98 of the document of 2014 as movable property by a notary public.