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(영문) 부산지방법원 2019.10.17 2018가단17101
청구이의
Text

1. Busan District Court Decision 2014Da255622 Decided October 27, 2016 and June 2018, 2018.

Reasons

1. Basic facts

A. The judgment of each of the instant cases between the Plaintiff and the Nonparty Company becomes final and conclusive 1) E Co., Ltd. (former trade name: F., Ltd.; hereinafter “Nonindicted Company”).

(2) On October 27, 2016, the Busan District Court filed a lawsuit against the Plaintiff on the claim for construction price, and rendered a second instance judgment stating that “the Plaintiff shall pay to the Nonparty Company KRW 58,142,904 and delay damages therefor.” (2) The appellate court (Seoul District Court 2016Na52903)’s appeal and proceeding on June 22, 2018, partially revoked the part against the Nonparty Company, and additionally, “the Plaintiff shall pay to the Nonparty Company KRW 28,142,100 and delay damages therefrom.”

(2) Each of the instant judgments was finalized on July 10, 2018.B. Defendant C Co., Ltd. (hereinafter “Defendant C”) who was the creditor of the non-party company of each of the instant claims seizure and assignment order (hereinafter “Defendant C”).

Defendant D Co., Ltd. (former trade name: G Co., Ltd.; hereinafter “Defendant D”)

(1) On the basis of each executive title of the non-party company, the non-party company was ordered to seize and assignment claims against the Plaintiff of the non-party company based on each of the instant judgments (hereinafter “instant claim seizure and assignment order”) as follows.

(2) Defendant C’s execution title: (a) Defendant C’s execution title was served on June 8, 2016 on June 13, 2016, which became final and conclusive on June 13, 2016 on July 2016, 2016 between Nonparty Company and the Plaintiff on July 2016, 2016, following the instant agreement between the Plaintiff and the Plaintiff on July 2016, 2016, immediately after the instant agreement was rendered between Nonparty Company and the Plaintiff on July 2016, 2016.

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