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(영문) 수원지방법원평택지원 2016.10.13 2016가단41901
청구이의
Text

1. The Defendant’s construction price at Suwon-si District Court of Suwon-si, the Suwon-si Court of the Republic of Korea, August 7, 2014, 2014.

Reasons

1. The Defendant, based on the facts, did not pay KRW 58,118,50,00 even when the Plaintiff and the Northern Construction Company agreed to pay the construction cost to the Defendant at a direct and irregular intervals, and did not pay KRW 10,821,793, even though they completed the construction request for additional machines by the Northern Construction Company, and filed an application for the payment order against the Plaintiff and the Northern Construction Company for the payment order for the payment of the construction cost as the Suwon District District Court Decision 2014Ra541, Jun. 7, 2014, the said court ordered the Defendant to jointly and severally pay KRW 68,50,293, and the said payment order against the Plaintiff was finalized around that time.

[Reasons for Recognition] Entry No. 1 of Eul and the purport of the whole pleading

2. In the case where the plaintiff asserts that he did not bear the obligation to pay the construction price to the defendant, and in the lawsuit of demurrer, the plaintiff is liable to prove the cause of the claim to the defendant.

It is insufficient to acknowledge that the Plaintiff agreed to pay the construction price to the Defendant solely on the basis of the descriptions of the evidence Nos. 3 and 4, which are written in the transaction report prepared by the Defendant himself/herself, and the transcript with the head of the field office of the construction site of the Northern Construction Co., Ltd., other than the Plaintiff’s field director, and there is no objective evidence to acknowledge otherwise.

Therefore, compulsory execution based on the above payment order against the plaintiff should not be permitted.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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