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(영문) 전주지방법원 2018.10.31 2018가단2747
제3자이의
Text

1. On October 25, 2017, the Jeonju District Court Decision 2017Kadan138 decided Oct. 25, 2017 against the South Sea of the non-party limited company.

Reasons

1. Facts of recognition;

A. On July 26, 2016, the Plaintiff entered into a contract for the consignment of breeding of the cattle farm (hereinafter “contract for the consignment of breeding of the cattle farm”) with the non-party limited liability company (hereinafter “non-party limited liability company”) on the following grounds: (a) the Plaintiff supplied the materials for breeding of the beef, feed, etc. to the non-party company, such as the non-party limited liability company (hereinafter “non-party limited liability company”); (b) the non-party company received it and shipped it to the Plaintiff; and (c) the Plaintiff would pay the price for breeding of the cattle prescribed in the non-party company.

B. On March 22, 2017, avian influenza (AI) occurred in the Hasan-Eup, Hasan-si, and around March 22, 2017, the Plaintiff owned by the non-party company, which was entrusted with the raising of the livestock, was entirely destroyed, and at the Ysan-si, the competent local government, determined to pay KRW 91,421,00 to the Plaintiff, the owner of the meat, who was the owner of the livestock industry.

C. Meanwhile, in order to preserve the claim amounting to KRW 11,157,000 against the non-party company, the Defendant filed an application for provisional attachment against the claim amounting to KRW 11,157,00 with the Jeonju District Court Kim Jong-si court 2017Kadan108, which designated the debtor as the non-party company and the third party debtor as the plaintiff, and the above court rendered a provisional attachment on July 26, 2017.

In addition, in order to preserve the above claim against the non-party company, the defendant filed an application for provisional seizure against the non-party company and the non-party company as the non-party company and the non-party company's garnishee as the non-party company and the third debtor, and the non-party company as the non-party company's credit (the claim stated in the attached list) was destroyed by the following city. On October 25, 2017, the above court made a decision of provisional seizure of the above claim (hereinafter "decision of provisional seizure of this case").

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. The above facts of recognition.

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