청구이의
1. The Defendant’s motion to the Cheongju District Court for the purchase price of goods against the Plaintiff at the Cheongju District Court 2014j439.
1. Facts of recognition;
A. On July 16, 2014, the Defendant filed an application with the Plaintiff for a payment order under Paragraph (1) of the order against the Plaintiff, and this court issued a payment order stating that “The Plaintiff shall pay to the Defendant the amount of KRW 15,126,100 and the amount calculated by the rate of 20% per annum from the following day from the service of the original payment order to the full payment procedure cost” (hereinafter “instant payment order”).
The instant payment order was served on the Plaintiff on July 21, 2014, and was finalized on August 5, 2014.
B. A, a creditor of the Defendant, as the Cheongju District Court Branch 2015TTTB, had the Defendant and the third obligor as the Plaintiff, and the Defendant applied for the attachment and assignment order of the claim amounting to KRW 30 million among the claims that the Plaintiff claimed upon the instant payment order. On March 27, 2015, the said court issued the attachment and assignment order of the above content (hereinafter “instant assignment order”).
The instant assignment order was served on March 31, 2015 on the Plaintiff, and each of the Defendant was finalized on April 17, 2015.
C. On April 7, 2015, the Plaintiff paid KRW 17,415,598 to A.
Upon the instant payment order, the Defendant filed an application for a compulsory auction against the Plaintiff’s real estate Samsung-gun, Samsung-gun, Inc., which was owned by the Plaintiff, on February 5, 2015, and accordingly, the compulsory auction procedure for real estate was commenced on February 5, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the facts acknowledged as above, a claim based on the instant order for payment was entirely made to A in accordance with the instant order for assignment, and the Plaintiff paid KRW 17,281,051 to A on April 7, 2015 (=15,126,100 won + KRW 15,126,126,100 x 260/365 (from July 22, 2014 to April 7, 2015) x 20% x 17,415,598 won which were paid to A on several occasions. Accordingly, the Plaintiff’s claim based on the instant order for payment.