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(영문) 수원지방법원안산지원 2019.02.27 2018가단17754
집행문부여에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. At around 2016, the Plaintiff awarded a contract to G Co., Ltd. (hereinafter “G”) for the construction work that subcontracts the supply of goods, such as the first and second officetels construction sites, and the installation of some machinery and equipment, such as the distribution machine at the construction site of the H building (hereinafter “instant construction”).

B. On August 2, 2017, the Defendant, holding a claim for the construction price against G, was issued a provisional attachment order with the claim amounting to KRW 110 million as to the instant claim for the construction price payment amount as prescribed by Goyang-gu District Court Decision 2017Kadan1404, and the said provisional attachment order was served on the Plaintiff, a garnishee on August 7, 2017.

C. On October 13, 2017, the Plaintiff settled the construction cost of G and the instant case at KRW 1.05 billion, and agreed to pay KRW 43777,61 million among the said construction cost in installments on October 20, 2017, and agreed to pay KRW 43777,61 million among the said construction cost in installments on December 20, 2017, respectively. The notarial deed of debt repayment contract (quasi-loan No. 1154, 2017, hereinafter referred to as “notarial deed”). The Plaintiff prepared and issued the notarial deed of debt payment contract (quasi-loan No. 1154, 2017, hereinafter referred to as “instant notarial deed”).

On May 4, 2018, the Defendant came to the District Court 2018 Goyang Branch 2018 Tachi4843.

The provisional seizure of the claim stated in the Paragraph is transferred to the original seizure, and the seizure and collection order of the claim entrusted with the collection right was issued (hereinafter “instant seizure and collection order”).

The above order of seizure and collection was served on the Plaintiff on May 10, 2018.

E. On October 1, 2018, the Defendant obtained the succession execution clause concerning the instant authentic deed (hereinafter “instant succession execution clause”) for the purpose of claiming the collection amount based on the aforementioned seizure and collection order based on the collection order. Based on the original copy of the instant authentic deed, based on the Plaintiff’s claim amounting to KRW 111,502,904, the Defendant received an order of seizure and all of the claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 and 2, and arguments.

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