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(영문) 창원지방법원김해시법원 2017.07.26 2016가단1097

청구이의

Text

1. The Defendant’s payment order against the Plaintiff is based on the Changwon District Court, Kim Jong-si Court, May 29, 2013, 2013.

Reasons

1. Basic facts

A. On May 27, 2013, the Defendant filed an application with this court for a payment order seeking payment of KRW 13,33,300 against the Plaintiff. This court issued a payment order on May 29, 2013, and the said payment order was served on the Plaintiff on June 24, 2013, and became final and conclusive as is.

B. The main points of the cause of the above payment order are as follows:

On November 12, 2010, a creditor has entered into a contract to receive five million won a monthly salary from an executive officer and has worked for the same company as an executive officer. On January 31, 2011, he/she had worked for the same company until he/she submitted the resignation of the seal imprint attached to the seal imprint as of January 31, 201.

At that time, a business agreement and an annual salary contract have been entered into between a debtor and a creditor, and pursuant to Article 4 (Payment of Benefits and Expenses) of the Business Agreement and Articles 1 and 2 of the annual salary contract, wages in arrears that were entered on November 12, 201 and worked for 20 days until January 31, 2011 shall be KRW 13,33,300.

C. On November 12, 2010, the L/C was a company established on November 12, 2010, and was registered as the representative director and auditor respectively by the Defendant, but was dissolved on December 5, 2016.

2. The assertion and judgment

A. The plaintiff's assertion that he/she participated in the establishment of the Dispute Resolution Co., Ltd. at the defendant's request, but the Dispute Resolution Co., Ltd was established solely for the purpose of the loan, and there was no reason that the plaintiff agreed to pay wages to the defendant. Therefore, compulsory execution based on the above payment order should be dismissed.

In this regard, the defendant asserts that he/she has agreed to assume the responsibility for wages in relation to his/her work as standing auditors in the Dispute ResolutionC.

B. In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. occurred prior to the issuance of the payment order may be asserted in the lawsuit of objection against the payment order, and such objection shall be raised in the lawsuit of objection against the payment order.