제3자이의
1. Of the judgment of the court of first instance, the part concerning the counterclaim claim is modified as follows.
Plaintiff (Counterclaim Defendant) and D.
1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;
A. The Defendant’s claim for preservation against D is established for the purpose of manufacturing, importing, distributing and selling petroleum and petrochemicals, and selling and selling petroleum and petrochemicals. The Defendant is a company established for the purpose of the manufacturing, importing and selling and selling petroleum and petrochemicals, and is the Flue City and one parcel outside of the Republic of
(2) The term “each of the instant financial assistance contracts” refers to a financial assistance contract under which D intends to newly construct and operate a charging station on the ground as well as funds necessary for new construction, etc. of a charging station on two occasions on December 30, 200 and February 24, 2010 (hereinafter “each of the instant financial assistance contracts”).
(2) According to each of the instant financial support agreements, D is obligated to commence petroleum sales business in the charging station within 10 months from the date of the financial support, and D is obliged to refund the principal of the funds provided to the Defendant and interest in arrears at 6.5 percent per annum, as the funds for the construction of charging stations, etc., on December 30, 2009, KRW 1 billion, KRW 300 million, KRW 2000,000,000,000,000,000,000.
However, D did not start the filling station business without completing the new filling station construction within 10 months from the date of receiving funds from the Defendant.
3) On July 6, 2011, the Defendant filed an application with D for a payment order claiming payment of the principal of the above subsidies amounting to KRW 1.6 billion and delay damages therefor with Seoul Central District Court Decision 201Da5201. Accordingly, on July 13, 2011, the above court issued the payment order stating, “D shall pay damages for delay calculated at the rate of KRW 1.6 billion and KRW 1 billion from December 31, 2009 to the Defendant; from February 25, 2010 to KRW 300 million; from March 17, 2010 to the delivery date of each payment order; from March 17, 2010 to the delivery date of each payment order, damages for delay calculated at the rate of KRW 20 billion per annum from the next day to the date of full payment (hereinafter “instant payment order”).
B. The payment order was served on D on July 19, 201, and it was finalized on August 3, 2011.
(b).