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The defendant is based on the executory exemplification of the judgment of the Seoul Northern District Court 2015 Ghana13172 with respect to C.
Reasons
1. In full view of the purport of the written evidence No. 2, the Defendant filed an application for compulsory execution with the Seoul Northern District Court 2015Gaso13172, an executory exemplification of the judgment in the wage case with the Seoul Northern District Court 2015Daso13172, as the executory title (hereinafter “instant objects”) on the articles listed in the attached list (hereinafter “instant articles”). On June 24, 2015, the enforcement officer of the said court may recognize the seizure of the instant articles in the factory operated by C (hereinafter “instant compulsory execution”).
2. Summary of the parties’ assertion
A. The Plaintiff purchased and provided the instant goods to C by paying the Plaintiff’s price, and C did not perform the payment, and if the Plaintiff did not pay the price, the ownership of the instant goods was agreed to be owned by the Plaintiff. As such, the instant goods are owned by the Plaintiff.
B. It is null and void that D, a wage obligee like the Plaintiff, paid wages to D and made up the evidence No. 1 (certificate) by the Plaintiff and C with a view to evading additional compulsory execution after cancelling the attachment. The instant items are not owned by the Plaintiff.
3. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 6, the Plaintiff purchased and provided the instant goods to C around June 20, 2014, and offered them to C with the Plaintiff’s salary processing work. C shall pay to the Plaintiff KRW 10,00,000, out of KRW 24,895,000, up to October 31, 2014, the remainder of KRW 14,895,00,000, up to May 31, 2015, and agreed that C shall have ownership of the instant goods until the payment of the said money was made. The fact that C did not pay the said money to the Plaintiff, and even at the time of seizure execution with respect to the instant goods, the instant goods are owned by C, and they are leased and used.