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(영문) 광주지방법원목포지원 2017.12.14 2017가합13
배당이의
Text

1. Of the instant lawsuit, the Plaintiff’s claim against Defendant A is dismissed.

2. The plaintiff limited liability company.

Reasons

1. Facts of recognition;

A. On May 10, 2016, the Plaintiff’s payment order for Defendant A and the decision of provisional seizure 1) The Gwangju District Court Branch Branch of Gwangju District Court rendered a part of the Plaintiff’s prior reimbursement claim against Defendant A as the preserved right, and made the Defendant A as the preserved right, the right to return the lease deposit pursuant to the lease agreement for the third floor among the five-story buildings on which the Defendant A holds against the Korea Disabled Veterans Association (hereinafter “instant lease deposit refund claim”).

(2) The Plaintiff filed an application against Defendant A and its representative director D for a payment order seeking the payment of KRW 341,760,000 of the advance reimbursement order (No. 2016 vehicle 1082) and the delayed payment amount (No. 2016 vehicle 1082). The said court issued the payment order as of October 10, 2016, with the purport of the application.

3) Defendant A received the above payment order on October 26, 2016 and did not raise an objection thereto, and the said payment order became final and conclusive on November 10, 2016. (b) Defendant A applied for the payment order against Defendant A and the attachment and assignment order 1) Defendant C filed an application for the payment order against Defendant A to pay fuel expenses of KRW 147,851,646 and damages for delay (No. 2016Da438, 2016). The said court issued the payment order as stated in the purport of the application on April 25, 2016.

2) Defendant A was served with the above payment order on April 27, 2016, and on the same day, Plaintiff A’s representative director D submitted to the above court a written waiver of objection and a power of delegation against the payment order stating that he/she would recognize the content of Defendant Marshall CD’s claim and not file an objection at the time of filing the objection (hereinafter “instant declaration of intent”).

(3) Defendant Marshall CD-ROM has against the Korea Disabled Veterans Association on April 29, 2016 in order to preserve claims based on the above payment order.

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