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(영문) 창원지방법원 2016.12.16 2015가단17169
제3자이의
Text

1. The plaintiff's claim against the defendants is dismissed.

2. This Court shall suspend compulsory execution of 2015 Chicago84.

Reasons

1. Basic facts

A. Each claim against the Defendants’ Co., Ltd. (1) Defendant A is limited to the Defendants’ Co., Ltd. (hereinafter “B”) on March 27, 2013.

) The Defendant and the notary public, “The Defendant, at maturity date specified and lent KRW 42,130,000 in B as of May 15, 2013, assigned the ownership of the machinery listed in the separate sheet (hereinafter “instant machinery”) as of the instant machinery to Defendant A by means of possession and amendment, and, if B fails to perform the said obligation, recognize that there is no objection even if compulsory execution is conducted,” the notary public of Chap Office No. 2013 No. 1394 (hereinafter “notarial deed of this case”).

2) Defendant Han River-ethyl Co., Ltd. (hereinafter “Defendant Han River-ethyl”) received a payment order order (hereinafter “instant payment order”) issued on March 19, 2013 from the Changwon District Court 2013 tea895, ordering payment of “782,379,354 won” and its delay damages (hereinafter “instant payment order”), and the said order was finalized on April 5, 2013.

B. On June 25, 2013, the Plaintiff of the instant lease agreement concluded between E and E using the trade name “D”, and the Plaintiff agreed to purchase the instant machinery from G operating F and lease it to E.

(C) On April 16, 2013, the creditor I of the instant machinery was executed by Changwon District Court 2013No1188 as to the instant machinery on April 16, 2013, after confirming that the instant machinery was installed and operated in the D factory located in Kimhae-si, and then paying KRW 100,000,000 remaining after subtracting the lease deposit of KRW 170,000 from the lease deposit of KRW 270,000.

2) As to the instant machinery after July 2, 2013, Defendant A: (a) based on the instant notarial deed on July 2, 2013, the Changwon District Court 2013No1952; and (b) Defendant Han River-ethyl on August 13, 2013.

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