청구이의
1. The defendant's decision of the Seoul Central District Court 2012 tea6464 against the plaintiff is based on the original copy of the order of payment with executory power.
1. Facts of recognition;
A. On April 22, 2010, the Defendant (formerly: Effective metal) issued goods to a third party obligor (Plaintiff) with the claim amounting to KRW 10 million as part of the claim amount for the price of goods related to Masiethyl (hereinafter “Masiethyl”) and with the claim amounting to KRW 10 million among the claim amount for goods related to the Plaintiff of Masiethylethyl, the indication of the claim indicated in the separate attachment, which is subject to provisional attachment in accordance with the decision on provisional attachment of claims, by the Suwon District Court Decision 2010Kadan107, Jun. 22, 2010, is the amount until the debtor reaches the above claim amount (10 million won) out of the price of goods to be received from the third party obligor.
was received.
On May 18, 2010, the provisional attachment ruling was served on the Plaintiff, a garnishee.
(hereinafter “instant provisional seizure”). B.
Pursuant to the Plaintiff’s construction of the Sinpo-si LH apartment, the Dong State parking lot construction, and the Ansan Logistics Center construction from February 2010 to April 2012, the Plaintiff filed an application for payment order of KRW 103,671,735, total amount of KRW 55,871,735, and the remaining goods payment claim of KRW 55,871,735, and the payment order of KRW 20% per annum from the day after the date of delivery of the payment order to the day of full payment.
The above payment order was served on the Plaintiff on September 24, 2012, and was finalized on October 9, 2012.
(hereinafter “instant payment order”). C.
On October 29, 2012, the Plaintiff and Sungsiethyl made a settlement of the price of the instant goods for the instant payment order at KRW 13,224,706, and the Plaintiff agreed to pay that amount by October 31, 2012.
On October 31, 2012, according to the above agreement, the Plaintiff paid 13,224,706 won to the Gandong Construction Co., Ltd. on behalf of the obligor and East Construction Co., Ltd.
The defendant supplied steel products, etc. to ethyl on March 31, 2010 from September 1, 2008 to October 2009 to the supply of steel products, etc. 64,624,00 won.