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(영문) 서울중앙지방법원 2018.11.29 2018가단49063
제3자이의의 소
Text

1. A list in attached Form 2017da102264 rendered by the Defendant, in accordance with the Suwon District Court Decision 2010Na10264.

Reasons

1.The following facts do not conflict between the Parties:

On May 19, 2017, the Defendant rendered a judgment of 2017da102264 that "an incorporated association B (hereinafter referred to as "non-party corporation"), C and D shall pay to the respective Plaintiff KRW 44,846,050 as to the non-party corporation, C and D from November 9, 2007 to February 9, 2017; and 6% per annum as to D until April 1, 2017; and 15% per annum as to the date of full payment from the following day to the date of full payment."

After being sentenced, the above judgment became final and conclusive at that time.

B. Based on the prior ruling on July 13, 2017, the Defendant is “the instant claim” in which the debtor is a non-party corporation and the third debtor as the Republic of Korea, etc. according to the Seoul Central District Court Decision 2017TTTT108238.

"Compulsory execution of this case" is referred to as "the compulsory execution of this case" against seizure and collection order.

The original of the decision was served to the Republic of Korea at that time.

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff's claim in this case is the plaintiff's property, not the non-party corporation. The defendant asserts that the compulsory execution in this case should not be permitted because it is the plaintiff's property, and that the plaintiff and the non-party corporation are identical to the plaintiff, such as where the registration number of the non-party corporation is used in

B. 1) One of the subordinate organizations of an incorporated association can be deemed as a non-corporate body independent from the incorporated association, if it has the substance as an entity and is independently engaged in its activities (see Supreme Court Decision 2006Da60908, Jan. 30, 2009). Based on this, a non-corporate body establishes rules that have the nature of an incorporated body with its own purpose and employs a decision-making body and a representative who is the executive body.

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