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(영문) 수원지방법원 2017.11.09 2016나71287
제3자이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 6, and Eul evidence Nos. 1, 5, and 7 may be admitted, taking into account the whole purport of the pleadings:

The Plaintiff is a personal business entity that trades waste cables, scrap metals, used materials, etc. with the trade name of “C,” and the Defendant is a stock company with the purpose of rash processing, cutting, or cutting steel materials.

B. The Defendant filed a payment order against B, on June 16, 2014, to the end of 2013, to the effect that he/she sought the payment of the above processing costs as the Incheon District Court Branch Branch of the Incheon District Court Decision 2014Hu1138, Jun. 27, 2014. However, the payment order application case was issued from the above Kimpo-si court accepting the Defendant’s application from the above Kimpo-si court, but the above payment order case was implemented as the Incheon District Court Branch Branch of 2014Kadan34029 litigation (hereinafter “related litigation of this case”), and the above vice branch became final and conclusive on February 3, 2015 as the Defendant’s damages for delay.

C. On April 16, 2015, the Defendant filed an application for the seizure of the instant movable property with the Suwon District Court 2015No2682, with the executory exemplification of the instant lawsuit against B, and the execution officer affiliated with the said court completed the seizure execution of the instant movable property at the place of business “D” located in the E-dong-si (hereinafter “instant compulsory execution”).

2. Summary of the parties' arguments;

A. The Plaintiff loaned KRW 19,00,000 to Plaintiff B, KRW 10,00 on March 10, 2014, and KRW 5,000,00 on April 24, 201 to Plaintiff B by entering into an agreement with each other one month after the respective repayment period, and the respective repayment period will expire.

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