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(영문) 의정부지방법원 2015.05.14 2014가합7442
제3자이의
Text

1. Defendant A, B, red-interest Co., Ltd., Ltd., C, D, E, F, and SPacy beauty Co., Ltd.

Reasons

1. Indication of claim;

A. The Plaintiff entrusted each of the goods listed in the separate sheet owned by the Plaintiff to Accent Accenture Co., Ltd. (hereinafter “Accenture Company”).

As the Defendant’s discontinuance of business and so forth is impossible to sell the above goods, the Plaintiff sought against the Nonparty Company the termination of the consignment sale contract as Seoul Southern District Court 2013Kahap10391 and delivery of each goods listed in the separate sheet, and received a judgment on January 17, 2014.

B. On March 28, 2013, the Defendant A, B, Red Profiter Co., Ltd., C, D, E, F, and SPadiology Inc., on the basis of the executory exemplification of the decision of the 2013Kadan50129, the District Court of the Republic of Korea against the Nonparty Co., Ltd., enforced enforcement against the goods indicated in paragraph (1) of the attached Table, which are owned by the Plaintiff.

C. On February 15, 2013, Defendant G, based on the executory exemplification of No. 1724, 2012, Defendant G, a notary public against Nonparty Company, enforced compulsory execution against the goods stated in Section 2 of the attached Table, which is the Plaintiff’s ownership, based on the executory exemplification of No. 1724. D.

On March 25, 2013, the defendant business global corporation, based on the executory exemplification of the digital law firm No. 3314 in 2009, was enforced by a notary public against the non-party company on the articles listed in the attached list No. 3, which are owned by the plaintiff.

E. On August 13, 2013, Defendant H and I enforced compulsory execution against Nonparty Company based on the executory exemplification of the Decision 2013Kadan4873 rendered by the District Court Decision 2013Kadan4873, which is owned by the Plaintiff.

F. Therefore, a compulsory execution made by the Defendants on each of the items listed in the separate sheet, owned by the Plaintiff, based on each executory exemplification should be dismissed.

2. Applicable legal provisions;

A. Defendant A, B, red-interest Commercial Co., Ltd., C, D, E, F, E, E, Spidi Spia Inc., business global, H, and I: A., Defendant H, and Defendant H, by deeming confessions under Articles 208(3)2 and 150(3) of the Civil Procedure Act.

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