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(영문) 춘천지방법원 속초지원 2017.02.07 2015가단300815
제3자이의
Text

1. As to each item listed in the separate sheet

A. Defendant A notary public of February 16, 201 against Nonparty D Co., Ltd.

Reasons

1. Facts of recognition;

A. On April 4, 2014, the Plaintiff: (a) between Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff, on April 4, 2014, referred to as “the instant consignment agreement with respect to “G branch (hereinafter “instant container”) located in Gangwon-gun F outside of the Republic of Korea,” the operating price of KRW 160 million from April 1, 2014 to March 31, 2019; and (b) KRW 160 million (i.e., KRW 66,66 x 60 months).

AB concluded the agreement.

B. According to the instant consignment contract, the Plaintiff purchased goods necessary for operating the instant container from July 2014 to August 2015, and installed the instant container in the instant container, such as household appliances and furnitures. The goods purchased and installed by the Plaintiff are as listed in the attached Table.

C. Meanwhile, with respect to corporeal movables in this case, including each of the items listed in the separate sheet, ① Defendant A is based on the executory exemplification of a notarial deed as referred to in No. 72 of February 16, 201, issued by a notary public E-office on December 30, 201 for the non-party company, based on the non-party company’s corporeal movables in the separate sheet (hereinafter “Defendant Company”).

on April 20, 2015, the title of execution of the non-party company was "the title of execution of the execution recommendation with the executory power of No. 2013 Ghana 14005 against the non-party company on October 2, 2013".

Based on the reasoning of the judgment, Defendant B conducted compulsory execution on the basis of the executory payment order (2012j133) with the Switzerland District Court 2012, August 9, 2012, with respect to the non-party Company on June 11, 2015, based on the executory payment order (2012.4) with respect to non-party C on June 16, 2015, based on the executory payment order (2014j89) with respect to non-party C Co., Ltd. on March 4, 2015. [based on recognition] without dispute, the facts that there is no dispute, Gap evidence 1 through 10 (including a serial number), witness H’s testimony, and the purport of the entire pleadings.

2. Determination as to claims against Defendant A, B, and C

A. The articles listed in the separate sheet in the summary of the claim are owned by the plaintiff.

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