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(영문) 대전지방법원 2017.02.15 2016가합367
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The Plaintiff is a company whose business objective is to deliver construction materials and hardwares, etc., and Defendant Korea New Industry Co., Ltd. (hereinafter “Defendant Korea New Industry”) is a company that leases construction materials with its business objective, and Defendant Hyundai Aluminium Co., Ltd. (hereinafter “Defendant Hyundai Aluminium”) is a company that manufactures construction materials, etc. for its business purpose.

The Plaintiff supplied building materials, etc. to the upper Jin Construction Co., Ltd. (hereinafter referred to as the “ upper Jin Construction”), and the Defendants leased each temporary material and Aluminum pumps to the upper Jin Construction.

The senior construction of the credit for the senior construction has a claim for the construction cost equivalent to KRW 187,215,708 for Tae Young Construction Co., Ltd. (hereinafter referred to as "Teo Young Construction"), and the Hancheon Construction Co., Ltd. (hereinafter referred to as "Teo Young Construction"), equivalent to KRW 282,70,740 for the construction cost.

On March 11, 2013, the Defendant Korea Family Corporation issued an assignment order under this Court No. 2013TTTT No. 3446 with respect to the above claim for the construction cost, which was held against the construction in Tae Young-jin on March 11, 2013, with respect to a promissory note No. 205, which was prepared by the Daehan Construction Co., Ltd., and received the attachment and assignment order from this Court on March 13, 2013.

On March 15, 2013, the above decision was served on Tae Young Construction, a garnishee.

Defendant Korea’s New Technology Industry, based on a promissory note notarial deed (No. 211, 201, No. 2011, No. 2011, No. 2012, Apr. 19, 2013, filed an application with this Court for a seizure and assignment order under this Court’s No. 2013T No. 5486, Apr. 23, 2013.

On April 24, 2013, the above decision was served on the construction of Hancheon, a garnishee.

The assignment of the defendant's Hyundai aluminium is the defendant Hyundai aluminium.

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