청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. On January 22, 2015, the Defendant filed an application against the Plaintiff for the payment order of KRW 17,263,000 (hereinafter “instant payment order”) with the competent court seeking payment of transportation cost of KRW 17,263,00.
The payment order was served on the Plaintiff on January 27, 2015, and became final and conclusive on February 11, 2015 because the Plaintiff did not raise an objection.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The Plaintiff asserts that, in order to pay the Defendant the transport expenses incurred under the instant payment order, the Plaintiff paid KRW 16,938,040, and KRW 17,938,040,000 on several occasions from August 21, 2013 to November 28, 2014, in total, KRW 17,938,00 on February 11, 2015, and thus, it is necessary to deny compulsory execution based on the instant payment order.
According to the statement of evidence No. 2, the Plaintiff paid a total of KRW 17,938,040 to the Defendant, as alleged by the Plaintiff. However, the following circumstances, namely, ① the Defendant’s entry from March 19, 2013 to February 28, 2014 (hereinafter “the first entry period”); from February 31, 2015 to August 31, 2015 (hereinafter “the second entry period”); from the Plaintiff’s transportation charge to the Plaintiff, the part of the transport charge incurred during the transport period, the transport charge of the Plaintiff’s aggregate, etc. was added to each description of evidence No. 2, No. 1 through 8, 10, 11, and 13 (including serial numbers; hereinafter the same shall apply); from the first entry into the construction site, the transport charge of the Plaintiff’s transport charge incurred during the transport period from the second entry into the construction site to the first entry into the transport charge of the Plaintiff’s 13,2013.