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(영문) 전주지방법원 2016.05.10 2015가단14503

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant against the Plaintiff on August 12, 2013: (a) from June 2012, 2012 to the same year by the Defendant.

9. Until August 1, 200, even though construction materials, such as sand, aggregate, and brick, were supplied to the site of the studio construction in the studio-gun, Jeonbuk-gun, the Plaintiff owned (hereinafter “the above building and construction”), the total price of KRW 12,201,250 (hereinafter “the price for the instant goods”) is not paid.

“The Plaintiff filed an application with the Jeonju District Court for the payment order of KRW 12,201,250 as the Jeonju District Court 2013 tea5218. B. On August 13, 2013, the said court held that “the Plaintiff (the Defendant) shall pay to the obligee KRW 12,201,250 per annum from September 9, 2012 to the delivery date of the instant payment order, and KRW 5% per annum from the following day to the full payment date, and KRW 20% per annum from the next day to the date of the instant payment order.”

(1) On August 20, 2013, the above payment order was served on the Plaintiff on August 20, 2013, and the above payment order was finalized as it is because the Plaintiff did not raise any objection to the order. [The facts without any dispute over the grounds for recognition, the entries in subparagraphs 1-2 and 6-2 of the evidence No. 1-2 and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the new construction of this case was ordered by the Plaintiff and awarded a contract to Nonparty D Co., Ltd. (hereinafter “D”), and the Defendant supplied construction materials such as sand, aggregate, and bricks related to the above construction is not the Plaintiff but D.

However, as the Defendant failed to receive KRW 12,201,250 from D with respect to the new construction of this case, the Defendant filed an objection against the non-party limited liability company E (hereinafter “E”) whose representative director is the Plaintiff, with the Jeonju District Court 2013 tea4580, and with the Jeonju District Court 2013 tea5218, and with respect to the Plaintiff, with the Jeonju District Court 2013 tea5218, with respect to the instant goods price of KRW 12,201,250. This objection is raised against the above payment order.