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(영문) 춘천지방법원 2017.10.19 2016가단56215
제3자이의
Text

1. The Defendant’s District Court Decision 2016Gadan10905 Decided October 5, 2016 (hereinafter “The Defendant’s District Court”) against Nonparty C has an executory power.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2-1 and 2, and there is no counter-proof.

On October 5, 2016, the defendant was sentenced to the judgment that the non-party C shall be 56,00,000 won and 15% interest per annum from July 10, 2016 to the date of full payment and provisional execution with respect to the non-party C’s KRW 56,00,000 and the non-party C’s KRW 15% interest per annum.

(hereinafter “instant judgment”). B.

On November 21, 2016, the Defendant seized each of the movables listed in the separate sheet (hereinafter “the movables of this case”) in the Chuncheon District Court 2016No848 case as the executive title.

2. Determination

A. The plaintiff asserts that since the movable property of this case is not owned by the non-party C but owned by the plaintiff, the defendant's compulsory execution against the movable property of this case shall not be permitted.

B. The following facts do not conflict between the parties, or can be acknowledged in light of the whole purport of the pleadings in the statements in Gap evidence Nos. 1, 3-1, 3-4, 5, 1, 6-1, 2, 7, 8-1, 2, 9, 13-1, 13-3, 1, 1, 1, 6, and 6, and there is no counter-proof.

1) As of April 10, 2015, the Plaintiff is a non-party LT system corporation (hereinafter “non-party company”) (hereinafter “non-party company”).

B) The sales contract was prepared to purchase the drilling machine in KRW 95,00,000. The above sales contract stipulated that the delivery of equipment shall be within ten days after the contract was concluded, and the equipment cost shall be paid within two months after the drilling was confirmed (one month). 2) On May 19, 2015 between the Plaintiff and the non-party company as of May 19, 2015, one drilling (1500m type), 9.15m, 8.6m, 8.6m, 8.2m, 6m, 8m, 8m, 6m, 8m, 8m mar (including three ice, ice, and 10m straw) and 12m mar.

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