청구이의
1. The defendant's case concerning the transaction price of the defendant to the Daejeon District Court of the Daejeon District Court of the 2020th 1835th Gasan District Court of Busan District Court of the Republic of Korea.
1. Basic facts
A. On March 19, 2020, the Defendant filed a lawsuit against the Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) for a claim for waste disposal amount under the jurisdiction of the Daejeon District Court 2020 Ghana Branch Office 1693 (hereinafter “instant case”). As to the instant case, the Plaintiff Co., Ltd., from the said court, “the Plaintiff Company shall pay to the Defendant the amount at the rate of 12% per annum from the day following the delivery of a copy of the complaint in the instant case, including KRW 1,863,00, to the day of full payment (hereinafter “decision on the execution of the instant case”). The instant decision on the execution of the instant case became final and conclusive on Apr. 11, 2020.
B. On May 11, 2020, the Defendant filed an application against the Plaintiffs for a payment order against the Daejeon District Court Branch of the Daejeon District Court for the instant case No. 1835 (hereinafter “the instant case No. 2”). As to the instant case No. 2 from the said court, the Plaintiffs received the payment order on June 5, 2020 (hereinafter “instant payment order”) stating that “the Plaintiffs jointly and severally pay to the Defendant the amount of KRW 5,863,00 and the amount at the rate of 12% per annum from the day following the delivery of the original copy of the payment order for the instant case No. 2 case to the day of full payment.” The instant payment order was finalized on July 25, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The summary of the plaintiffs' assertion is about the same issue, and the case Nos. 1 and 2 is about the same issue. The plaintiff company is merely liable to the defendant for the obligations following the execution recommendation of this case, and the plaintiffs are not liable to the defendant for the obligations under the payment order of this case. Therefore, compulsory execution based on the payment order of this case should be dismissed
3. Determination
(a) In the case of a finalized payment order, the payment order is not established before the issuance of the payment order with respect to the claim which became the cause of the claim; or