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(영문) 창원지방법원진주지원 2020.06.16 2019가합13110
제3자이의
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. Facts of recognition;

A. The status of the parties is a creditor against the non-party D Co., Ltd., who manufactures equipment and processing of heat exchange units, and the Defendants are creditors of D, who are debtors of the corporeal movables Auction Case filed on January 4, 2019 with respect to the movables listed in the separate sheet (hereinafter “the movables of this case”).

B. (1) The Plaintiff and G Co., Ltd. (hereinafter “G”) entered into a contract with the Plaintiff and G, the Plaintiff changed the trade name to H on May 30, 2017; hereinafter “G”).

(i) the actual operator and corporation I (hereinafter referred to as “I”);

G) from J, the internal director of the company, TRO UNDBR (hereinafter referred to as “R/B”) as a raw material of agricultural machinery parts.

(2) Upon receipt of a request for the supply request, the Plaintiff agreed to provide G with the amount equivalent to the amount of R/B equivalent to the amount of KRW 324,493,136 on May 15, 2017, and the amount of KRW 315,349,10 on June 23, 2017, but did not receive KRW 639,842,236 of the total amount of KRW 639,842,236 from G at the time of the said R/B supply contract, if G fails to pay the amount to the Plaintiff at the time of the said R/B supply contract, the Plaintiff agreed to pay the amount to the Plaintiff on behalf of G.

3) On July 3, 2017, D issued an electronic bill of KRW 300,420,616 in total to the Plaintiff as indicated in the following table, and I endorsed on July 4, 2017, and delivered the electronic bill to the Plaintiff after endorsement on each electronic bill. Serial number 1 KD 1 KD L on July 3, 2017, when the due date for the issuance of the payee’s name (won) falls short of 10,420,616 2K 100,000,0003 K10,000,0003 K 10,000,000,000, 300,420,6164) was rejected due to the settlement of the current account transaction as of January 3, 2018.

C. D and I signed a sales contract for the instant movable property and transformation equipment between D and I on December 15, 2017 between I and I, preparing a contract to transfer the instant movable property to 200 million won, and D are corporations at the bottom of the contract.

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