청구이의
1. The defendant's order of payment order No. 2010 tea 189 against the plaintiff was issued by Suwon District Court Branch of the defendant on April 1, 2010.
1. Basic facts
A. On April 1, 2010, J&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) filed an application for a payment order against the Plaintiff as the court 2010 tea 189, and this court rendered an order for payment (hereinafter “instant payment order”) with the content that “18,353,141 won, and the amount of money and the expenses for demand procedure 32,920 won per annum from the day following the service of the original copy of the payment order ( April 10, 2010) to the day of complete payment (hereinafter “instant payment order”). The instant payment order was finalized around that time.
B. On June 1, 2015, the Defendant transferred the above claim under the instant payment order from the non-party company, and notified the Plaintiff at that time.
C. On November 26, 2015, the Defendant, the successor of the non-party company, shall be the Incheon District Court B, based on the instant payment order, and at the same time, not more than 102 Dong-gu, Incheon District Court B, Incheon, Dong-gu, 1201.
(D) Upon filing an application for compulsory auction against a real estate, the said court rendered a ruling to commence compulsory auction on November 27, 2015. The Plaintiff filed a lawsuit of demurrer on March 7, 2016. On April 7, 2016, the Plaintiff filed an application for the suspension of compulsory execution based on the instant payment order under this Court Order as the court 2016KaMa1004 on April 7, 2016, and received a ruling to suspend compulsory execution based on the instant payment order until the pronouncement of the instant judgment was rendered on April 14, 2016 from this court. [The Plaintiff was subject to the ruling to suspend compulsory execution based on the instant payment order until the instant judgment was rendered.]
2. Judgment on the parties’ assertion
A. On July 3, 2010, the Plaintiff’s assertion 1 Plaintiff repaid KRW 9,00,000 by means of settling the payment of a promissory note to the non-party company. The Plaintiff repaid KRW 2,00,000 on November 23, 2015, KRW 10,889,924 on January 27, 2016, and KRW 2,00,000 on February 17, 2016, respectively.
If this is appropriated in the order of claims for delay and principal due to the payment order of this case, the remaining amount shall be KRW 6,856,445, and other expenses for demand procedure against the defendant.