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(영문) 전주지방법원군산지원 2019.10.24 2018가단6421
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2016, the Plaintiff was assaulted by Nonparty C, and filed an application for provisional attachment of the damage claim against C with the Defendant as the preserved claim, and the former District Court rendered a decision of provisional attachment on November 28, 2016.

B. After filing a lawsuit against C, the Plaintiff filed an application with the Jeonju District Court for the issuance of an order of seizure and assignment of claim to transfer the above provisional seizure to the original seizure based on the executory copy of the protocol of mediation with executory power over the case, including 2016Kadan56330, etc., and the Jeonju District Court issued an order of seizure and assignment of claim (hereinafter “instant assignment order”) on October 8, 2018, and the said order was served on the Defendant Company on October 12, 2018, and became final and conclusive on October 26, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Defendant’s claim against the Defendant was transferred to the Plaintiff under the instant assignment order. As such, the Defendant ought to pay to the Plaintiff KRW 30,657,446, which is the enforcement bond amount under the instant assignment order, and delay damages therefrom.

B. According to the respective descriptions of Gap evidence Nos. 5 and 6 (including virtual numbers; hereinafter the same shall apply), C is recognized as the fact that he/she entered the defendant on March 12, 2013, and the defendant representative director D awarded a commendation to C on April 27, 2018 as a long-term service worker for at least five years.

However, according to the statements in Eul's evidence Nos. 1 through 7, and the results of the defendant's representative director's personal examination, D operates an agricultural company E (hereinafter "non-party company"), other than the defendant, and the above two companies are separate corporations; C retires from the defendant on July 1, 2014; and entered the non-party company on the same day; and the defendant settled accounts and pays all retirement allowances to C on August 25, 2014; and after July 1, 2014, C's employment insurance, etc. is also under the jurisdiction of the non-party company.

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