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(영문) 의정부지방법원 2017.05.16 2015가단23895
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) be new;

Emon Industry Co., Ltd. (hereinafter “Emon Industry Co., Ltd.”) filed a lawsuit against the Plaintiff with the Incheon District Court (hereinafter “Semon Industry Co., Ltd.”), and the conciliation was established on March 31, 201, including “the Plaintiff shall pay KRW 29,595,260 to the non-party company by July 30, 201. If the Plaintiff fails to pay the above amount by the due date, the amount shall be paid by adding an annual amount of 20% from July 31, 2011 to the date of full payment.”

B. On June 3, 2013, according to the conciliation protocol in the case No. 201Ga2530 of the Incheon District Court Decision No. 2013, the non-party company filed a request for auction of movable property in Macheon-si B (hereinafter “instant auction procedure”). Upon the above request, the enforcement officer C belonging to the Jungcheon-si District Court completed the attachment execution (No. 2013No. 3986) on June 11, 2013 for one fork (7 tons; hereinafter “one fork tok”), one fork tok (7 tons; hereinafter “2”) and 20 for 20 for Won-si.

C. According to the market price appraisal result (as of June 21, 2013) conducted at the commission of enforcement officers of the District Court in the instant auction procedure (as of June 21, 2013), the market price of the first shop was KRW 4 million, KRW 4.5 million, and KRW 4.2 million, and KRW 20,000, KRW 20,000.

On July 24, 2013, at the instant auction procedure, 1, 2, 200, 1, 200 Won Won Won Won had been held, and D sold the said 1,57 million won in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. The key point of the Plaintiff’s assertion 1)kives No. 1 falls under the number plate (E-registered construction machinery).

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