(영문) 인천지방법원 2018.10.31 2018가단9943

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(영문) 인천지방법원 2018.10.31 2018가단9943

청구이의

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1. The Defendant’s payment order based on the payment order for the goods payment case against the Plaintiff at the Incheon District Court 2017 tea31375.

Reasons

1. Facts of recognition;

A. The defendant is a corporation that manufactures and sells Aluminium pressure-making materials, and the plaintiff is a corporation that mainly engages in the wholesale and retail business of bathing room goods.

B. The Defendant asserted against the Plaintiff that “the Defendant supplied the Plaintiff with aluminium voltages equivalent to KRW 27,267,300 by November 30, 2015, and did not receive the price of the goods,” and filed an application for the payment order with the Incheon District Court No. 2017 tea3175.

C. On December 27, 2017, the above court issued a payment order to the effect that “the Plaintiff shall pay to the Defendant 27,267,300 won a year from January 11, 2017 to the service date of the original copy of the payment order, and damages for delay calculated at the rate of 5% per annum from the next day to the day of complete payment” (hereinafter “instant payment order”). The above payment order was served on the Plaintiff on January 8, 2018, and was finalized on January 23, 2018.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 7 (including virtual number), Eul evidence 2 and 3

2. The assertion and judgment

A. The gist of the Defendant’s assertion 1) around the end of 2014, the Plaintiff began transactions with the Defendant by taking over and taking over all the Defendant’s business and debt 41,62,295 won, which are the Defendant’s existing business partners, and approving the Defendant’s debt he assumed, and the Defendant supplied the goods to the Plaintiff by November 2015. The Defendant first appropriated the amount that the Plaintiff paid to the Defendant for KRW 41,662,925, and the remainder of the unpaid goods is KRW 27,267,30. Therefore, compulsory execution based on the above payment order is legitimate, and thus, compulsory execution based on the above payment order should be allowed. 2) The Plaintiff’s assertion is the goods price in most of the goods claimed by the Defendant by the Defendant, and the Plaintiff did not take over the business or take over the obligation of the Plaintiff.

The plaintiff did not have been supplied with aluminium voltages equivalent to 27,267,300 won from the defendant, and there was no fact.

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