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(영문) 서울북부지방법원 2017.09.26 2017재머10

물품대금

Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of the lawsuit shall be borne by the defendant (quasi-Appellant).

purport, purport, and.

Reasons

1. Basic facts

A. On December 21, 2012, the Plaintiff filed an application with the Defendant for a payment order against the Defendant to pay the same amount as the stated in the purport of the claim, as the Defendant supplied goods as stated in this court’s order, and the Defendant raised an objection to the payment order, which was implemented as the lower court’s 2013da154.

B. While the above lawsuit is pending, the Defendant shall be paid KRW 2.8 million to the Plaintiff on March 14, 2013 after the date of the referral of the conciliation No. 2013s. 398 of this Court, and the Defendant shall be paid KRW 2.8 million to the Plaintiff on two occasions, and shall be paid KRW 5 million until September 30, 2013, and KRW 17.8 million until December 31, 2013. If the Defendant delays the payment of each of the above amounts, the amount calculated by adding the amount calculated at the rate of 12% per annum to each of the above amounts from the date following the date of payment to the date of full payment.

2. The plaintiff waives the remaining claims.

3. Litigation costs and conciliation costs shall be borne by each person;

'The conciliation has been concluded, and the protocol for quasi-deliberation has been prepared.

2. Judgment as to the existence of a ground for quasi-examination

A. The defendant's summary of the defendant's assertion asserts that the defendant should revoke the quasi-examination on the following grounds:

1) On July 18, 2011 through February 8, 2013, the Plaintiff’s statement of transaction requested to the Defendant was forged or altered (Article 451(1)6 of the Civil Procedure Act) (Article 451(1)6 of the Civil Procedure Act). (ii) The statement of transaction submitted as evidentiary materials in the instant case of the payment order for goods was forged or altered.

(B) Article 451(1)6, 8.3 of the Civil Procedure Act provides that the Plaintiff’s actual manager C against the Defendant is forged or altered in the transaction statement, tax invoice, promissory note, and the statement of passbook, etc. submitted as evidentiary materials from the case No. 2014-01369 of case number of the Seoul Gangseo-gu North Korean Police Station against the Defendant (Article 451(1)6 and 8 of the Civil Procedure Act). (B) As to whether any ground for quasi-deliberation under Article 451(1)6 of the Civil Procedure Act exists.

The plaintiff may make a forgery or alteration of the document alleged by the defendant.