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(영문) 서울동부지방법원 2016.04.26 2015가합103065 (1)
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant manufactured and kept 4,500 of the round trial listed in the separate sheet (hereinafter collectively collectively referred to as the “instant round trial”) in a warehouse, as a company manufacturing and selling a cover trial, which is materials used in construction works such as a road, an underground garage, a bridge, etc.

B. On January 2, 2014, the Defendant: (a) borrowed interest of KRW 500,000,000 from A and B after three months; (b) provided KRW 15,000,000 per month; and (c) provided KRW 5,000 per re-trial, including the instant re-trial trial, in order to secure the said loan obligation; and (b) agreed that the possession thereof will continue to exist.

C. On September 14, 2014, A and B sold KRW 700,000,000 to C and D, and around September 15, 2014, around 5,000 of the above round-up trial at the above round-up trial at the defendant's warehouse where 5,000 of the above round-up trial was kept without the defendant's consent, and handed them over to C and C.

Pyeongtaek-si contracted the construction of two sections among the construction works on a local highway 313-line cross-road crossing, which was subcontracted some of the above construction works to Cheongjin Construction Co., Ltd. (hereinafter referred to as "Cheongjin Construction").

In addition, the Cheongjin Construction subcontracted the construction of E (hereinafter “instant construction”) to the Plaintiff and SPC Co., Ltd. (hereinafter “SC”) during the subcontracted construction work.

E. On October 7, 2014, the Plaintiff issued an order on Chapter 4,500 of the multiple trials, which are the materials necessary for the instant construction, to a joint venture business company (hereinafter referred to as “Dulu River business”). From October 10, 2014 to December 4, 2014, the Plaintiff supplied Chapter 4,500 of the instant double trials manufactured by the Defendant at the instant construction site at the instant construction site.

F. The Defendant, while having been in custody of the instant re-trial trial, was deprived of the possession of A and B, and Escenc shall enter the instant re-trial trial at the construction site of this case and occupy the present.

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