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(영문) 대전지방법원서산지원 2019.12.11 2019가단51654

청구이의

Text

1. The defendant's order of payment with the defendant's 2017 tea 491 executory power against the defendant's plaintiff is the Seogjin-si court of the Daejeon District Court.

Reasons

1. On September 22, 2017, the Defendant indicated the claim: (a) filed a claim for KRW 72,583,000 in accordance with the goods supply contract dated July 5, 2017, which was to supply the non-party C and the Plaintiff as the debtor; and (b) to Co., Ltd, the supply of KRW 400 (650,000 per ton) with respect to Co., Ltd.; and (c) filed an application for payment order with the Plaintiff, asserting that the Plaintiff jointly and severally guaranteed the above goods payment obligation on July 5, 2017, the payment order became final and conclusive around that time.

However, since the plaintiff did not jointly and severally guarantee the goods payment obligation of C Co., Ltd., the defendant's execution of compulsory execution against the plaintiff should not be allowed.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).