(영문) 의정부지방법원고양지원 2017.12.21 2016가단27200

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(영문) 의정부지방법원고양지원 2017.12.21 2016가단27200

청구이의 등

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1. The Defendants jointly share KRW 30,000,000 with respect thereto to the Plaintiff and the period from December 10, 2016 to December 21, 2017.

Reasons

1. Basic facts

A. On April 4, 2013, D entered into a contract for the supply of goods (hereinafter “instant contract”) with the Defendants, who perform the mechanical manufacturing business under the name of “G” and the Nonparty Company’s factory, to install two-year automatic packaging and robot equipment (hereinafter “instant machinery”) at the factory of the Nonparty Company at KRW 127 million (excluding surtax) (hereinafter “the instant contract”).

B. On May 21, 2014, the Defendants filed an application for payment order against the non-party company by asserting that there was a claim for the installation cost of KRW 16.7 million against the non-party company under the jurisdiction of the District Court in order to pay the above amount. In the foregoing case, the payment order (hereinafter “instant payment order”) with the purport that “the non-party company shall pay the Defendants KRW 1.6 million and delay damages therefrom” was finalized on July 9, 2014.

C. On January 14, 2015, based on the instant payment order, the Defendants applied for a compulsory auction against the non-party company’s factory’s factory on or around January 14, 2015 (J) and withdrawn it on or around February 6, 2015.

Meanwhile, the Plaintiff paid KRW 10 million to the head of the attorney-general, who handled the said auction case, as well as KRW 4 million on February 4, 2015, and KRW 6 million on December 24, 2015. ② On December 11, 2015, the Plaintiff paid KRW 30 million to the Defendants, and ③ on December 15, 2015, the Plaintiff paid KRW 10,400,000 to the warehouse operator of the instant machinery from November 1, 2014 to December 11, 2015.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 17, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted as follows. The Plaintiff asserts that: (a) the Defendants are claiming for payment of the total sum of KRW 46.4 million and delay damages.

First, the Defendants agreed to return the said money to the Plaintiff.

Preliminaryly, the said money should be paid by the Defendants.

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