beta
(영문) 수원지방법원 안산지원 2018.05.03 2017가단63897

면책확인

Text

1. The Defendant’s order based on the payment order issued on March 7, 2013 (2013j1298) rendered by the Suwon District Court for the Plaintiff.

Reasons

1. Basic facts

A. C filed an application with the Plaintiff for a payment order of KRW 16,400,000 for the amount of unpaid goods with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order of KRW 97Ra623 on October 21, 1997, the above court ordered the Plaintiff to the effect that “the Plaintiff (the Plaintiff) shall pay to the obligee (C) the amount of KRW 16,40,000 and the amount calculated at the rate of KRW 25% per annum from the day after the copy of the instant payment order was served to the day of complete payment.” The above payment order was finalized on March 17, 1998.

B. On April 20, 2002, the Defendant acquired 7,000,000 won of the principal of the claim based on the above payment order from C, and the Defendant filed a request against the Plaintiff for payment order for the above amount of the transfer money with the court of Suwon District Court Decision 2002Ra1402. The above court on August 26, 2002, issued the payment order to the effect that "the Plaintiff (the Plaintiff) shall pay to the creditor (the Defendant) the amount of KRW 7,00,000 and the amount calculated at the rate of 25% per annum from the day following the delivery of the duplicate of the instant payment order to the day of complete payment (hereinafter "the first payment order of this case"). The above payment order was finalized on September 15, 202.

C. Thereafter, on December 10, 2002, the defendant acquired 26,878,356 won, excluding 7,000,000 won already transferred from C among the bonds under the above payment order. The defendant filed an application for payment order against the plaintiff for the above transfer money with the Suwon District Court 2002,2403, Suwon District Court 2002,000,000 won, and the above court on December 31, 2002, "the plaintiff (the plaintiff) shall pay to the creditor (the defendant) 29,506,849 won and 16,40,000 won with 25% interest per annum from the day following the delivery of the duplicate of the payment order of this case to the day of full payment (hereinafter "the above payment order of this case"). The above payment order of this case became final and conclusive on January 21, 203.

The defendant shall pay to the plaintiff the bonds based on the payment order Nos. 1 and 2 of this case (hereinafter referred to as the "bonds of this case").