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1. The plaintiff's claim is dismissed.
2. Daejeon District Court 2018Kadan207 (No. 2017) regarding the case of application for the suspension of compulsory execution.
Reasons
1. Basic facts
A. On January 24, 2018, the Defendant (C) filed a lawsuit seeking service costs against C Co., Ltd. (hereinafter “C”), as the head of Suwon District Court Branch Branch Branch Branch of 2017Kadan1895, and was sentenced on January 24, 2018, “Defendant Co., Ltd shall pay to the Plaintiff (Defendant C) 69,096,263 won and interest thereon at the rate of 15% per annum from June 3, 2017 to the date of full payment.”
(hereinafter “instant judgment”). (b)
On November 5, 2018, based on the authentic copy of the instant judgment, the Defendant completed the seizure execution of the corporeal movables listed in the attached Form (hereinafter “instant corporeal movables”) by Daejeon District Court 2018No3833.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence 1, Eul's evidence 1, and the purport of whole pleading
2. The plaintiff's assertion
A. The Plaintiff operated Co., Ltd. E, a household manufacturing company, and produced a machine owned by the Plaintiff at the Plaintiff’s workplace (the instant corporeal movables) at the location of C for the convenience of production after being requested by C to produce a household.
B. The instant corporeal movables are not owned by C, but owned by the Plaintiff, who manufactured furniture with machinery in the said factory.
Compulsory execution against the corporeal movables of this case shall be dismissed.
3. Determination
A. In addition to the respective statements in the evidence Nos. 1 and 2, the purport of the entire pleadings is as follows: ① the Plaintiff served as C’s auditor until April 26, 2017; ② the Plaintiff delivers to the Defendant the name of the representative director C; ③ the current representative director of C is recognized, respectively.
B. In light of these facts and circumstances, it is recognized that the instant corporeal movables were owned by the Plaintiff solely on the basis of the entries in the Plaintiff’s evidence Nos. 4-1 through 10 (a sales contract, a detailed statement of transaction, a quotation, etc.) submitted by the Plaintiff.