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(영문) 수원지방법원 2017.08.17 2016나9251
사해행위취소등
Text

1. Revocation of a judgment of the first instance;

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3. The plaintiff's primary domicile.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence 7, 16, or 18 may be admitted by taking into account the whole purport of the pleadings:

(1) On September 17, 2014, the Plaintiff filed an application for a payment order against B to the effect that the Plaintiff would seek payment of KRW 50,44,850 as a result of the supply of the signboard manufactured goods from March 7, 2014 to July 7, 2014, and damages for delay from the said court. On October 1, 2014, the Plaintiff received an order of payment accepting the said application from the said court. Following the instant payment order, B filed an objection against the said payment order, the said order of payment was performed with Suwon District Court 2014Kayang Branch 21401 litigation procedure; the said lawsuit continued to exist; the Plaintiff and B shall be paid at the rate of KRW 43,00,00 for the Plaintiff; the unpaid amount of KRW 50,00 for the payment of KRW 20; and the unpaid amount shall be paid at the rate of KRW 300,00,000 for the remainder of 20,005.

(2) On the other hand, the Plaintiff filed an application for provisional attachment against the Plaintiff, debtor B, and third-party obligor, Co., Ltd. (hereinafter “S.”), and the claimed amount as “50,44,850, out of the signboard construction cost claim held by the Plaintiff against U.S., the Plaintiff filed an application for provisional attachment against the said claim with the competent court on September 23, 2014.”

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