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(영문) 대전지방법원천안지원 2019.05.29 2018가단9087

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of electrical construction business. 2) The Defendant is a company with the purpose of manufacturing and selling electrical construction parts, such as water distribution teams and automatic control teams.

B. The Plaintiff and the Defendant supplied the Plaintiff with materials necessary for electrical construction from July 7, 2008 to December 29, 2016.

C. As of December 29, 2016, the Defendant filed an application against the Plaintiff for a payment order with the Daejeon District Court Decision 2018 tea374, Jun. 4, 2018, stating that “The outstanding amount against the Plaintiff is KRW 146,940,300, and thereafter, the Plaintiff is KRW 46,620,00 and the outstanding amount is KRW 100,300 and the Defendant’s claim against the Plaintiff is KRW 100,320,300 as of September 21, 2017.”

A) The instant payment order was issued, and the order became final and conclusive around that time. 【The purport of each entry of evidence A Nos. 1 and 2 and all pleadings based on recognition.”

2. The parties' assertion

A. The Plaintiff’s assertion introduced D Co., Ltd. (hereinafter “D”) to the Defendant, and the Defendant supplied D with water distribution teams of KRW 22,00,000 to D.

Since the Defendant also received the payment order of this case by including the price of the water distribution team supplied to D in the claim against the Plaintiff, compulsory execution based on the payment order of this case shall be allowed only for the remaining 78,320,300 won after deducting the amount of KRW 22,00,000, which is the portion supplied to D from KRW 100,320,300, and damages for delay thereof, and compulsory execution on the excess portion shall not be allowed.

B. The Defendant’s assertion is not D on March 13, 2014, but the Plaintiff KRW 22,00,000.