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(영문) 대구지방법원 2018.02.09 2017가합206292
청구이의
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On Nov. 2, 2005, the Jungan Construction Co., Ltd. (hereinafter “Yananan Construction”) prepared a notarial deed to the Defendants, a compulsory execution, stating that “Yanananan Construction Co., Ltd. (Defendant 1) shall pay KRW 20.3 million, F (Defendant 7), KRW 5.7 million, KRW 16.2 million to C (Defendant 4), KRW 19.7 million for the achievement industry (Defendant 3), KRW 17.2 million for E (Defendant 6), KRW 17,00,000,000 to B (Defendant 2), and KRW 21,000,000 for sewage construction costs, including KRW 21,00,000,000,000 to D (Defendant 5) for compulsory execution.”

B. On the basis of the notarial deed drawn up as above, the Defendants received from the Daegu District Court on January 9, 2006 the claim amount for the above sewage supply construction costs and received a collection order against the Plaintiff and H (hereinafter “Plaintiff, etc.”). On January 25, 2006, the Defendants filed a claim against the Plaintiff, etc. for the collection amount under the Daegu District Court 2006Gahap1422, and on August 31, 2007, on the ground that “the Plaintiff, etc. were jointly and severally and severally discharged from the Defendants within the scope of the above payment amount, and the collection amount was 166,10,000,000 and delayed payment damages was 16,00,000 won, and the Defendants, etc. were subsequently dismissed on the ground that the Plaintiff, etc. appealed 207 or 85269,000 won, and the Defendants, etc. were subsequently dismissed on the ground that the Defendants, etc. appealed on May 29, 2005.

C. The Plaintiff, through a deposit for repayment on November 12, 2009, is the name of the principal and delayed payment due to the above collection decision, expenses for auction execution, etc.

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