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(영문) 광주지방법원 2021.01.21 2020가합51087

청구이의

Text

The defendant's assignment of the payment order of No. 2017th 60 to the plaintiff is based on the main sentence.

Reasons

1. Basic facts

A. On March 2, 2012, the Plaintiff entered into a contract with C (hereinafter “C”) under which the construction of a new building in the D-based D-based D-based D-based D-based D-based D-based D-based building owned by the Plaintiff and the construction period from March 2, 2012 to May 15, 2012 (hereinafter “instant contract”).

B. C completed construction under the instant contract, and on November 21, 2012, the Plaintiff obtained approval for the use of the two-way buildings newly built in accordance with the said construction.

(c)

C filed an application with the Plaintiff for payment order against the Plaintiff on June 16, 2017, seeking payment of the unpaid construction cost as the District Court of Gwangju District Court No. 2017th 60, and the above court issued a payment order with the purport that “The Plaintiff shall pay C the amount calculated at the rate of 15% per annum from the day following the date of service of the original copy of the instant payment order to C and the payment of KRW 139,500 per annum (hereinafter “instant payment order”), and the instant payment order was served on the Plaintiff on June 20, 2017 and became final and conclusive as is July 5, 2017.

(d)

C transferred the claim for the payment of the construction cost to the Plaintiff to the Defendant and notified the Plaintiff of the transfer of the claim on November 13, 2019.

E. On November 25, 2019, the Defendant was granted a text of succession execution on the instant payment order (hereinafter “instant succession execution text”) by the District Court of Gwangju District Court.

F. Meanwhile, the Plaintiff paid C with the same money as the following attached table (hereinafter “instant attached table”) before and after the payment order of this case as the construction price.

The defendant asserts that some of his payments are as follows. The defendant is arguing for the following purposes.

(2) On December 27, 2012, 200 million won x 200 million won x 30 million won on April 12, 2013, 2013, on the ground of the Plaintiff’s assertion as to whether the dispute over the amount paid once the net payment date of the Table is settled, the payment of construction price of KRW 30 million shall be made to E account on June 28, 2013, which is KRW 30 million.