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(영문) 서울중앙지방법원 2016.04.19 2014가단5096028
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2013Hu159130.

Reasons

1. Basic facts

A. On August 2011, the Plaintiff entered into a contract for the supply of printed materials with the Defendant (hereinafter “instant contract for the supply of printed materials”) and the Defendant, from August 201 to May 2013, 201, refers to “the printed materials of this case, including C and D”, to the Plaintiff.”

A. The delivery was made.

B. Around August 2013, the Defendant filed an application with the Seoul Central District Court for a payment order with the Seoul Central District Court 2013 tea159130 to receive the price of the instant printed materials. On August 13, 2013, “The Plaintiff shall pay to the Defendant 63,604,000 won and the amount calculated at the rate of 20% per annum from the day after the original copy of the instant payment order was served to the day of complete payment.”

(i) ad hocd and finalized. [The fact that there is no dispute over the basis for recognition, and the statement in Gap evidence 1-2]

2. The parties' assertion

A. The Plaintiff’s assertion is governed by the legal brief dated July 10, 2015.

From August 31, 2011 to May 23, 2013, the value of goods supplied by the Plaintiff from the Defendant under the instant contract for the supply of printed materials is KRW 281,047,128, and the amount repaid out is KRW 277,112,237. Thus, the amount payable by the Plaintiff to the Defendant is merely KRW 3,934,891, and compulsory execution based on the instant payment order shall not exceed the above amount.

B. The Defendant’s assertion is in accordance with the preparatory brief dated June 23, 2015.

From August 31, 2011 to May 23, 2013, the value of goods supplied by the Plaintiff pursuant to the instant contract for the supply of printed materials is KRW 306,231,200, and the amount repaid by the Plaintiff is KRW 274,680,237, and the amount payable by the Plaintiff to the Defendant is KRW 31,550,963.

3. Determination

A. The allegations by both parties on the price of the instant goods by each transaction date and the amount of the judgment by this court are as follows:

On August 31, 2011, the Defendant’s claim amount (based on recognition) as to the Plaintiff’s claim amount (based on the Plaintiff’s claim amount) is KRW 12,300, 12,308, 736 13,235,200 (A9, B 1-1, 6-1).

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