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(영문) 광주고등법원(전주) 2015.01.29 2014나1701
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 may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5, Eul evidence 1 (including paper numbers) and the whole purport of pleadings:

The Hadro Energy Co., Ltd. (hereinafter referred to as "Madro Energy") is the Plaintiff and B et al.B.

On November 15, 2012, 2012, Suwon District Court 2012Gahap1637 filed against B, the above court rendered a judgment ordering provisional execution that "the plaintiff and B shall pay KRW 561 million to each of their own light energy and delay damages therefor."

B. On January 16, 2013, both parties appealed as Seoul High Court 2012Na102423, and the Plaintiff and B filed an application for the suspension of compulsory execution with the said court 2013Karo86. On January 16, 2013, the said court ordered the Plaintiff and B, the applicant, to provide security of KRW 600 million.

C. The Plaintiff and B, via Law Firm C, were issued one copy of the monetary deposit statement stating that “I will accept the deposit. I will pay the deposit by January 24, 2013. I will pay the deposit to the deposit officer’s account until January 24, 2013. If I will not pay the deposit by the due date, I will lose the validity of the decision on acceptance of the deposit.”

On January 24, 2013, around 14:30 on January 24, 2013, the Plaintiff transferred KRW 600 million from the one bank account under the name of the Plaintiff to the deposit payment account, and “the deposit money (hereinafter referred to as “the deposit”).

AB paid the amount.

E. On January 25, 2013, the Seoul High Court rendered a decision to suspend compulsory execution by the original copy of the judgment of the court of first instance, which rendered on January 25, 2013, until the judgment of the said appellate court is rendered.

F. The defendant is a creditor of B.

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