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(영문) 대전지방법원 2013.07.17 2013가합38
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The party status 1) The Plaintiff and the Defendant B Co., Ltd. (hereinafter “Defendant B”)

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(2) Defendant D Co., Ltd. (hereinafter “Defendant D”)

E Co., Ltd. (hereinafter “E”)

(2) Defendant B is the obligees of the E Subcontractors except the Plaintiff, and Defendant A is the Manager of Defendant B, who takes charge of securing the claim of the said claim group.

The attorney F, who is the representative of the defendant B, the defendant A, and the above defendants, was delegated by E on May 9, 2012 with all rights, such as removal, preservation, enforcement, realization, etc. of E assets.

B. On April 30, 2012, the Plaintiff prepared a notarial deed No. 4363 of the document 2012, 2012, stating that “E shall repay the Plaintiff KRW 9 billion to the Plaintiff by May 3, 2012.” (2) The Plaintiff applied for the seizure of corporeal movables owned by the said court enforcement officer under the title of Seosan Branch of the Daejeon District Court 2012No. 382 on the basis of the notarial deed with the above executory power and applied for the seizure of corporeal movables owned by the said court enforcement officer, and the said court enforcement officer H made the seizure of the said articles, such as iron plates, etc. located in E (hereinafter “instant site”).

3) Defendant B filed an application for the seizure of corporeal movables owned by the instant court enforcement officer as the same court No. 2012No433, and the said H re- seized the instant seized objects for Defendant B on May 31, 2012. (c) A leased the instant site and its factory from Samsung Heavy Industries Co., Ltd. (hereinafter “Ssung Heavy Industries”) and operated the instant factory. However, as the case was due to the bankruptcy on April 30, 2012, Samsung Heavy Industries notified the termination of the instant leased site to E on May 10, 2012, and leased the instant site and factory to JJ on May 25, 2012.

J Co., Ltd. shall be E.

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