청구이의
1. Compulsory execution based on the payment order issued by the Defendant against the Plaintiff is 51,246,000 won and its execution against the Defendant’s Plaintiff.
1. Under the trade name of “C”, the Plaintiff is a person engaged in the household and the interior-based manufacturing business, etc., and the Defendant is a person engaged in the Litch manufacturing business with the trade name of “D.” The Defendant received an application for a payment order from the Plaintiff on August 29, 2018 to the effect that “the Defendant, who produced and supplied the Litch for the Plaintiff up to December 3, 2016, has not yet been paid the price of goods shall be KRW 88,70,000,000,000 from the date of delivery of the original of the instant payment order to the Defendant, and the Plaintiff is obligated to pay the Defendant the amount calculated at each rate of 6% per annum from December 4, 2016 to the date of full payment, and that accordingly, the original of the payment order (this case was before 2018 tea15008) reaches the Plaintiff on September 5, 2018 without dispute between the parties.
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion is that the Plaintiff merely executes the instant payment order with the Defendant, and enters into any contract with the Defendant, or received the instant payment order from the Defendant, and there is no obligation related to the instant payment order.
Therefore, compulsory execution based on the above payment order should not be permitted.
B. The Defendant’s summary of the Defendant’s assertion began to deliver creamble to the Plaintiff from March 2015. The main supply details are ① KRW 23,273,00 (including additional portions; hereinafter the same shall apply), ② the supply price of the goods at the Incheon E site in 2015, ② the supply price of KRW 23,209,50, ③ the supply price of the goods at the Gangseo-gu Seoul Metropolitan Government F site in 2016, ④ the supply price of KRW 5,58,500, ④ the supply price of goods at the Incheon G site in 2016, ④ the supply price of KRW 5,246,00 on the Incheon G site in 2016, ⑤ the supply price of goods at the H site in 2016, KRW 5,359,000 on a small scale, and there was a payment order for the payment order for the remainder of KRW 8,700,000,000.