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(영문) 창원지방법원마산지원 2016.05.25 2015가합663
청구이의
Text

1. Execution based on the original copy of the payment order issued by the Changwon District Court 2010 tea571 against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. (1) When the Plaintiff’s management deterioration makes it difficult for the Plaintiff to pay the goods to the customer, the Plaintiff prepared a written confirmation of the payment of goods on May 2010 and June 2010, respectively, with creditors including the Defendant, 50% of the goods price, and 30% of the goods price on July 2010 and August 2010, respectively, at the first 43,435,539 won on May 201, and 48,94,70 won on June 20, 2010, and 40,717,747, 247, 2047, 2047, 206, 306, 2047, 2047, 206, 306, 47, 205, 206, 206, 306, 47, 2010.

The instant agreement states, “The Plaintiff shall agree to pay the amount not paid as follows with respect to the expenses incurred in relation to C’s payment, and the partner company (the Defendant) shall actively support the future production activities.”

B. On September 7, 2010 and September 10, 2010, the Plaintiff paid to the Defendant the amount of KRW 95,281,831 (=21,717,770 + KRW 24,471,940 + KRW 27,490,698 + KRW 21,601,423).

C. On October 1, 2010, the Defendant filed a payment order against the Plaintiff seeking payment of KRW 241,619,528 of the price of goods with the Changwon District Court 201Da571, the Changwon District Court 2010, and received the payment order on October 11, 2010 (hereinafter “instant payment order”). The above payment order was finalized around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 6 (including additional number), the result of the plaintiff's representative's questioning, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was exempt from the obligation to pay the remainder of the goods instead of paying the amount of KRW 95,281,831, out of the unpaid goods according to the instant agreement.

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