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(영문) 부산지방법원 2014.10.23 2013가단92152

청구이의

Text

1. The defendant's order for payment was issued against the plaintiff in Busan District Court 201j23582.

Reasons

1. Basic facts

A. The Plaintiff operated the Plaintiff’s home delivery company with the trade name “C” and “D,” and the Defendant, at the request of the Plaintiff, managed part of the delivery services entrusted by the Plaintiff from December 10, 201 to September 30, 201.

B. On December 15, 201, the Defendant applied for a payment order against the Plaintiff seeking payment of the outstanding amount of KRW 23,411,50 on April 1, 2011, among freight charges under the above consignment delivery, to the Busan District Court 201 tea 23,41,23582, and the payment order became final and conclusive as is, since the Plaintiff did not raise an objection within the statutory period, on December 30, 201, among freight charges under the above consignment delivery, the payment order was served against the Plaintiff on December 16, 2011.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 4-2

2. Assertion and determination

A. The Plaintiff asserts that the delivery quantity entrusted to the Defendant from January 201 to September 2011 is KRW 9,737,100, which is the aggregate of KRW 5,394, which was classified as “C” by the Defendant’s side as “C,” and that the remainder, except this, is not accepted as the entrusted quantity - As it is calculated based on the consignment quantity arranged by the Plaintiff, the sum of KRW 16,103, total of KRW 29,736,80, total of KRW 16,103, and the consignment freight amount is KRW 39,473,90, total of KRW 36,658,00, which was paid to the Defendant prior to the issuance of the instant payment order, and the Defendant received KRW 3,648,524 as the collection order after the issuance of the instant payment order, and the Defendant should not be granted the compulsory execution amount exceeding the above KRW 40,306,524.

The defendant classified as "insurance company" in the defendant's computerized data as "C" and registered separately from "C" among the delivery cases requested by the plaintiff.