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(영문) 대전지방법원 2017.09.12 2017가단6303
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On February 2, 2012, the Plaintiff was awarded a contract for the panel construction of a D-based factory in Chungcheong-gun D-dong, Chungcheongnam-do, in which the said corporation was constructed, in the amount of KRW 112,90,000,000.

(hereinafter referred to as “instant contract”). At the time of the said contract, E Co., Ltd. (hereinafter referred to as “E”) jointly and severally guaranteed the obligation to pay the construction price to the Plaintiff of CF as the representative director.

B. The Plaintiff completed the panel work on March 2012 in accordance with the instant contract.

C Farming Association and E drafted on March 30, 2012 a contract containing the terms and conditions of the instant contract, but did not pay the construction cost to the Plaintiff.

C. On August 16, 2013, the Plaintiff was issued a provisional attachment order on two parcels of land owned by Chungcheongbuk-Gun G land (hereinafter “instant land 1”) and H land (hereinafter “instant land 2”) (hereinafter “instant land”) with the claim for construction price claim amounting to KRW 112,90,000,000 for E, as the claim amounting to KRW 112,90 on August 16, 2013, and the provisional attachment registration was completed on August 19, 2013.

In addition, on October 10, 2013, the Plaintiff received a provisional attachment order for corporeal movables owned by the said corporation with the claim amounting to KRW 29,900,000 (in order to reduce the amount of cash security, only a part of the claim for the construction cost under the instant contract was available) against CFFF as the claim amount (to reduce the amount of cash security) (Cheongju District Court Young-dong Branch 2013Kadan307). On October 11, 2013, the enforcement officer affiliated with the Cheongju District Court branch of the Cheongju District Court, which was delegated by the Plaintiff’s enforcement, issued a provisional attachment for corporeal movables on the instant 19 types of corporeal movables on the ground office and factory of the 1st land of this case as well as at the 3rd and 19rd

(hereinafter “instant provisional attachment execution”) D.

Agricultural Company I Co., Ltd. (hereinafter referred to as “I”) is a land of this case from E on October 14, 2013.

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