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(영문) 부산지방법원서부지원 2017.07.21 2017가단101575

공탁이행

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On the basis of the executory exemplification of the judgment in the case of compensation for damages, the Defendant: (a) based on the Busan District Court 201Gahap781, the Busan District Court 2011Na39274, Dec. 20, 2013, the obligor Hyundai A&C Construction Co., Ltd. (hereinafter “N&C Construction”).

2) As to the third obligor C and 18 others, “The amount up to KRW 883,139,000 out of the claim for return of additional relocation expenses due to a reconstruction project held by the N&C construction against the third obligor,” the seizure and collection order (hereinafter “instant seizure and collection order”).

(2) The Plaintiff received the order of seizure and collection from the Seoul Central District Court 2008Guj105316 on April 2, 2014, based on the original copy of the executory order of payment for the construction cost, ① on April 2, 2014, the Seoul Central District Court 2014Guz. 928, the third obligor D and 18 (the same as the third obligor of the seizure and collection order of this case) were collected from the third obligor of Hyundai C&C construction (the same as the third obligor of the collection order of this case) until July 2, 2006 to January 2, 2008, the Plaintiff received the order of seizure and collection from the third obligor of the Seo-gu Seoul Central District Court 206,057,133 won among all the expenses that the obligor received from the third obligor of Hyundai E&C construction and the amount that the obligor did not receive from the third obligor of the new E&C construction and the collection order of the Hyundai E&C construction and the collection order of No. 2331417.