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(영문) 창원지방법원마산지원함안군법원 2017.05.31 2017가단19
청구이의
Text

1. On April 28, 2016, the Changwon District Court of the Republic of Korea rendered a decision 2015 Ghana1692 against the Defendant’s Plaintiff.

Reasons

1. On July 15, 2015, the Defendant (the former company’s trade name is the only stock company) filed a lawsuit against the Plaintiff on the claim for transportation charge under the title of 2015 Ghana1692 against the Changwon District Court of Msan Branch (hereinafter “this Court”).

In the process of the above lawsuit, this Court rendered a decision in lieu of conciliation on April 28, 2016, which became final and conclusive on May 24, 2016.

(hereinafter referred to as the “instant decision”). The contents of the “decision” prescribed in the instant decision are as follows:

Decisions

1. The Defendant (the “Plaintiff” refers to the Plaintiff; hereinafter the same shall apply) confirms that the Plaintiff (the “Defendant” refers to the “Defendant”; hereinafter the same shall apply) is liable to pay KRW 11,679,000 based on the tax invoice issued on December 2, 2014 (the provision of vehicles for the construction of new buildings in Seocho-gu Seoul Metropolitan Government) between both parties.

2. The Plaintiff has suspended the payment of the money set forth in paragraph (1) to the Defendant from the time of the completion of the lawsuit [at present first instance court (Seoul District Court Decision 2015Gahap102537, Jun. 2, 2015) (which is pending in the court of first instance (Seoul District Court Branch Branch Branch Decision 2015Gahap102537, Jun. 2, 200

3.(a)

The defendant shall pay 1,679,000 won as described in paragraph (1) to the plaintiff from the end of the lawsuit under paragraph (2) to two months.

However, if the Plaintiff received all or part of the KRW 11,679,000 as set forth in paragraph (1) from ABT Construction in accordance with the assignment contract with NBT Co., Ltd. until the above payment date, the Defendant shall pay the Plaintiff the remainder after deducting the money that the Plaintiff received from ABD Construction from the Plaintiff at KRW 11,679,00 as set forth in paragraph (1).

B. If the Defendant delays the payment of the amount mentioned in paragraph (1), the unpaid amount shall be paid in addition to the damages for delay calculated at the rate of 15% per annum from the date following the date of payment to the date of full payment.

4. The defendant shall be Shinsan Co., Ltd. from the plaintiff's construction corporation.

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