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(영문) 창원지방법원 2017.11.16 2016가단117936

청구이의

Text

1. The Defendants’ payment order for the instant case, such as the Changwon District Court, Kim Jong-si Court, 2016 tea1794, against the Plaintiff.

Reasons

1. Basic facts

A. On December 2015, the Plaintiff awarded a contract to Defendant B for the construction of a new commercial house located in G in Kimhae-si (hereinafter “instant construction”).

B. On April 29, 2016, the Plaintiff paid KRW 10,000,00 to Defendant B.

C. On September 27, 2016, the Defendants filed a payment order against the Plaintiff with the Changwon District Court Decision 2016 tea1794 (hereinafter “instant payment order”) and received from the said court on September 27, 2016 the payment order stating that “The Plaintiff would pay the Plaintiff KRW 10,00,000 to Defendant B, KRW 7,880,000 to Defendant C, KRW 7,715,600 to Defendant D, KRW 1,690,00 to Defendant E, KRW 3,597,00 to Defendant F, and the said payment order was finalized on October 14, 2016 (hereinafter “instant payment order”).

[Reasons for Recognition] Facts without dispute, Gap 2 and 4 evidence, the purport of the whole pleadings

2. Determination on the claim for objection

A. On April 2016, Defendant B’s assertion that Defendant B was entitled to KRW 20,00,000 as the performance rate of the instant construction work from the Plaintiff. On April 29, 2016, the Plaintiff received KRW 10,000,000 from the Plaintiff, and the Plaintiff is obligated to pay the remainder of KRW 10,000,000 from the Defendant B. Accordingly, on April 29, 2016, the Plaintiff is obligated to pay the remainder of KRW 10,000. Accordingly, on April 29, 2016, the Plaintiff completed the payment of the construction price of the instant construction work, and the Defendant B agreed to pay KRW 20,00,000 as the performance rate, and the compulsory execution of the instant construction should not be permitted in the instant case’s claim for a distribution order or an order for payment for non-existence of the general grounds for objection arising from the issuance of the distribution order.