청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant filed an application with the Plaintiff for a payment order claiming the boiler and material cost (hereinafter referred to as “price for goods”) as Seoul Central District Court 2013j.50188.
Accordingly, on March 12, 2013, the above court issued an order to pay 10,505,101 won to the defendant and 6% per annum from December 30, 201 to the service date of the payment order, and 20% per annum from the next day to the day of complete payment. The above order to pay 10,505,100 won was finalized around that time.
[Ground of recognition] Unsatisfy, Gap evidence 1-1
2. Assertion and determination
A. The plaintiff asserts that since the defendant agreed not to claim the price of the above goods to the plaintiff, compulsory execution based on the above payment order should not be permitted.
However, there is no evidence to acknowledge the above contract fact, and the plaintiff's above assertion is without merit.
B. In addition, the plaintiff asserts that the claim of unjust enrichment amounting to KRW 10,505,101 against the defendant should be offset against the defendant's above claim for the price of the above goods, and thus, the above claim for the price of the above goods should be extinguished.
However, there is no evidence to acknowledge the existence of the above unjust enrichment claim, and the plaintiff's above assertion is without merit without examining any further points.
3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.