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(영문) 부산고등법원(창원) 2017.08.24 2016나21431

청구이의

Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay to the plaintiff KRW 42,000,000 and this shall apply.

Reasons

1. Basic facts

A. On December 27, 2013, the Plaintiff agreed to purchase CNC 50FS-9BENDER (hereinafter “instant crowdfunding”) from the Defendant on KRW 231 million (including value-added tax) (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the Defendant the down payment amount of KRW 20 million.

Since July 17, 2014, the Plaintiff’s KRW 50 million and the same year

8. 1.50 million won was paid as part payments in total in KRW 100 million.

B. On August 18, 2014, the Plaintiff agreed to pay the remainder KRW 1110 million to the Plaintiff until December 31, 2014, upon receiving the instant crowdfunding from the Defendant, and delayed payment. The Defendant filed an application for payment order against the Plaintiff, seeking payment of purchase price of KRW 1110 million and delayed payment thereof (the Changwon District Court Decision 2015Da736 (hereinafter “instant payment order”).

On April 8, 2015, the above court issued a payment order, and the above payment order became final and conclusive around that time.

C. The Defendant received a seizure and collection order for KRW 115,02,537 of the Plaintiff’s claim for the purchase price of goods against Sung SPtech as the title of execution (the Changwon District Court 2015 Taz. 5112), and Sung SPtech deposited the amount equivalent to the price of the above goods against the Plaintiff on June 17, 2015 (the Busan District Court 2015Da4834), and the Defendant completed collection on June 22, 2016 by receiving dividends from the above deposited money.

(The grounds for recognition) / [The grounds for recognition] / [Attachment] 1-3, 17-19, Eul evidence Nos. 1 and 2 (including the number of branch numbers) and the purport of the whole pleadings.

2. As to the Defendant’s assertion that the amendment of the purport of the claim is unlawful

A. On June 9, 2015, the Plaintiff filed a lawsuit of demurrer seeking non-performance of compulsory execution based on the instant payment order.

The cause of the claim lies in the serious defect in the events of this case.