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(영문) 서울북부지방법원 2016.05.10 2015가단114149

청구이의

Text

1. The Defendant’s order of payment with the executory force of the service costs case against the Plaintiff by the Seoul Northern District Court 2015 tea191.

Reasons

1. Basic facts

A. A. Around November 2013, the Plaintiff entered into a construction contract with D (However, business registration was made in the name of E) that operates a construction company called C, and the Plaintiff’s wife entered into a construction contract with respect to the interior work of Eunpyeong-gu Seoul Metropolitan Government H kindergarten located in G (hereinafter “instant kindergarten”).

B. The Plaintiff introduced the Defendant, an architect, from D, entered into a standard design contract for the change of the use of the said kindergarten with the Defendant on December 5, 2013, 5 million won, and 3 million won for a policeman on June 19, 2014, respectively. On June 19, 2014, the Plaintiff entered into a standard design contract for the building for the change of the use of the 1st underground floor of the said kindergarten at KRW 1.5 million.

(Provided, That the value-added tax was agreed to be paid separately, and each of the above building design standard contracts (hereinafter referred to as “each of the instant design contracts”).

On December 5, 2013, the Defendant received KRW 500,000 from a part of the price of the design contract entered into in the name of F on the same day, and on April 1, 2014, “H design cost” was remitted from the account in the name of D as a result of remittance.

D under the name of I, remitted to the Defendant KRW 1 million on April 17, 2014, KRW 300,000,000 on April 30, 2014, and KRW 4 million on June 13, 2014 in the name of E.

E. On January 13, 2015, the Defendant filed an application for the payment order against the Plaintiff for the remainder of KRW 9.455 million with the Seoul Northern District Court 2015 tea191,000,000,000, including the above design contract price of KRW 9.5 million and value-added tax KRW 9.55 million. On January 22, 2015, the Defendant issued the payment order (hereinafter “instant payment order”) stating that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of KRW 9.45 million per annum from the day following the day when the original copy of the instant payment order was served to the Plaintiff, and the said payment order was served to the Plaintiff on February 2, 2015, which became final and conclusive on February 17, 2015.

[Reasons for Recognition]