청구이의
1. The plaintiff's claim is dismissed.
2. This Court is limited to September 22, 2016 in the case of applying for the suspension of compulsory execution.
1. On the premise, the Defendant applied for a payment order of KRW 17,263,00 against the Plaintiff on January 22, 2015, which sought payment of transportation cost of KRW 17,263,00 against the Plaintiff.
The payment order was served on January 27, 2015 on the Plaintiff.
On February 11, 2015, the Plaintiff did not file an objection and became final and conclusive on February 11, 2015.
[Grounds for recognition] The Plaintiff’s assertion was without dispute. 2. From August 21, 2013 to November 28, 2014, the Plaintiff paid to the Defendant a total of KRW 16,938,040, and KRW 17,938,040,000 on February 11, 2015, and paid the Defendant a total of KRW 17,938,040.
The compulsory execution under the above payment order shall not be permitted.
3. According to the statement in Gap evidence No. 2, the plaintiff can recognize the fact that the plaintiff paid money to the defendant as alleged by the plaintiff.
However, considering the following circumstances, it is difficult to recognize the Plaintiff’s assertion that the instant money was paid for the repayment of the instant transportation expense obligation.
The amount claimed by the Defendant with the above payment order is the cost of transporting aggregate of the non-party C Co., Ltd. from March to November 2013. At the Plaintiff’s request, the Defendant: (a) transported goods from March to February 2014; and (b) transported materials at the construction site of an apartment; and (c) there was money paid to the Defendant in addition to the amount of the instant debt repayment by the Plaintiff’s assertion in addition to the amount of the instant debt repayment.
(k) [Based on recognition] Gap 2, Eul 1 through 8 (including each number), Eul 10-1, 2, Eul 11, and Eul 13, the purport of the whole pleadings.
Thus, the plaintiff's claim is without merit.
The plaintiff's claim is dismissed.