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(영문) 전주지방법원군산지원 2019.02.12 2018가단50657
제3자이의
Text

1. The Defendant has an executive force of the Jeonju District Court 2017Kadan10335 against Non-Party D Company.

Reasons

Facts of recognition

The Plaintiff (the Plaintiff was merged with E, and completed the registration thereof on June 1, 2017) entered into a consignment agreement for breeding, and the instant actor, such as the parties to the consignment agreement for breeding, as seen in the above, is a company engaging in the business of producing breeding, such as breeding, incubation, and mooring, not distinguishing from the Plaintiff, as the instant actor is the E corporation.

On July 26, 2016, the Plaintiff entered into an agreement on the “contract on the consignment breeding of cattle with Nonparty D (hereinafter “the instant agreement on the consignment breeding of cattle”) with the content that “if the Plaintiff supplied the Nonparty Company with materials for raising cattle and feed, etc., the Plaintiff received it and shipped it to the Plaintiff, and in return, the Plaintiff would pay the price for raising cattle to the Nonparty Company.” (hereinafter “instant agreement on the consignment breeding of cattle”).

In accordance with the instant agreement on consignment of breeding of the meat industry, some of the death and compensation for the meat industry caused by the Avian influenza caused by the 35,964 water supplied by the Plaintiff to Nonparty Company on March 22, 2017 (hereinafter referred to as the “instant meat”), while Nonparty Company entrusted the breeding of the meat industry, avian influenza (FF) occurred, which was a contagious animal disease. As a result, around March 22, 2017, it was entirely destroyed.

Accordingly, in the following cities, the competent local government, determined to pay KRW 91,421,00 for the killed compensation (hereinafter “instant compensation”), and on May 25, 2017, KRW 43,197,000 out of the above amount was paid to the Plaintiff.

hereinafter referred to as "the primary compensation".

(2) In order to preserve the damage claim against the non-party company, the Defendant’s provisional seizure against the Defendant’s claim for compensation against the non-party company, which ordered the non-party company and the third debtor to be paid by the non-party company to the non-party company and the non-party company to the non-party company to the non-party company under the former District Court Branch Office No. 2017Kadan1035,

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