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(영문) 울산지방법원 2016.08.10 2016가단50534
청구이의
Text

1. The defendant's execution of the case against the plaintiff in Busan District Court 2014Gahap1072 (principal lawsuit), 2015Gahap765 (Counterclaim).

Reasons

1. Basic facts

A. The Plaintiff, the Hean Heavy Construction Co., Ltd., and the Defendant filed a lawsuit against the Defendant for the claim for the unrefied refluor rent under the Busan District Court Decision 2014Kahap10772.

B. During the above lawsuit, the Defendant filed a lawsuit claiming damages against the Plaintiff et al., such as a counterclaim and a claim for damages caused by obstruction of business, with the above court 2015Gahap765.

C. On July 9, 2015, the above court rendered a judgment ordering the Plaintiff to pay KRW 195,392,918, and KRW 89,183,160, and KRW 55,000,000 to the Hean Heavy Construction Co., Ltd., as well as damages for delay thereof, and rendered a judgment ordering the Plaintiff to pay the Plaintiff the amount of KRW 31,779,717, and damages for delay thereof (hereinafter “the instant judgment claim”). D.

Since then, based on the above 2015Gahap765 judgment with executory power, the Defendant filed an application for a seizure and collection order against the Plaintiff’s aggregate supply and transport charges against the Korea Industrial Co., Ltd. under the Ulsan District Court 2015TTT11094, and the above court accepted the above application on September 21, 2015.

The above order of seizure and collection was served on October 5, 2015 on the company of the Korea Industrial Corporation.

E. However, in accordance with the above judgment with executory power of No. 2014Gahap10772, Ulsan District Court 2015 Taga11838, Ulsan High Court filed an application for a seizure and collection order against the instant judgment claim, and the said court accepted it on October 15, 2015.

The above order of seizure and collection was served on October 19, 2015 on the Plaintiff.

F. The Plaintiff paid the above judgment amount to the Hean Heavy Construction Co., Ltd. in accordance with the debt collection of the Hean Heavy Construction Co., Ltd. based on the above seizure and collection order.

He reported the collection to the court after the Heung Construction Co., Ltd.

[Ground for recognition] 1, Gap evidence 1, 2, 3, Gap evidence 5, Gap evidence 6, Gap evidence 7, and Gap.

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