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(영문) 서울중앙지방법원 2020.10.16 2019가합578961
청구이의
Text

The defendant's order of payment is based on the original order of the Seoul Central District Court 2019 tea, 6595 rental loan.

Reasons

1. Basic facts

A. On February 1, 2018, the following reasons were as follows: C, the Defendant, D, and E participated in the process of the redevelopment project of housing in the Seoul Metropolitan City F District; and the Plaintiff, the purpose of which is building demolition project, etc., ordered C to remove the construction project at the site of the said improvement project (hereinafter “mining site”) on the introduction of C.

Plaintiff

On April 2018, G of the representative director, around the defendant and C, prepared a statement of payment (hereinafter referred to as "written statement of payment on the mining site") that the plaintiff would deposit to the defendant's account by September 30, 2018 in return for the introduction of the removal of the Gwangju site to the defendant.

G was written by the foregoing form of payment, stating that “450 million won shall not be paid to C, and shall be paid to the Defendant. If payment is made to C, all civil and criminal responsibilities shall be the Plaintiff.”

B. On December 11, 2017, the Plaintiff ordered the removal of the construction site for the housing redevelopment project site in Busan Metropolitan City H Zone (hereinafter “resan site”) with C’s introduction.

G around May 2018, around the defendant and C, in the presence of the defendant and C, written a statement of payment ("written notice of payment at the Busan site") stating that the plaintiff would deposit KRW 230 million to the defendant's account by October 30, 2018, out of the amount that the plaintiff would pay to C in return for the introduction of removal at the Busan site.

G, in writing, attached the said letter of payment stating that “230 million won should not be paid to C, and if payment is made, the payment cannot be asserted to the Defendant with this payment.”

C. On April 24, 2019, the Defendant filed an application for the instant payment order against the Plaintiff for the payment order of KRW 525 million (295 million on the payment angle on the mining field payment note, the amount of KRW 295 million on the Busan Busan District, and the annual payment order from October 31, 2018 to October 31, 2018, and 5% per annum from the next day to the date of the delivery of the payment order, and 15% per annum from the next day to the date of the full payment order. This court filed an application for the instant payment order with the Plaintiff for the payment order of KRW 50 million on May 3, 2019.

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