(영문) 광주지방법원목포지원 2016.11.30 2015가단7259

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(영문) 광주지방법원목포지원 2016.11.30 2015가단7259

청구이의

Text

1. The Defendant’s payment of construction cost No. 2015No. 28, and wages No. 2015 No. 666 against the Plaintiff.

Reasons

1. The main points of the parties’ assertion are as follows: (a) the Defendant entered into a construction contract with the Plaintiff and entered into the construction contract, requiring the construction cost and wages as indicated in the table below; (b) the Defendant asserted that, among the construction price No. 4, KRW 5,986,00 and KRW 2,743,138 and KRW 8,729,138 and KRW 11,550,000 were not paid; and (c) the Defendant filed an application for the payment order and filed an application for the payment order, which became final and conclusive.

Since the amount of construction work for the first unit of housing (original) from February 14, 2014 to May 12, 2014, 12, 14, 70,000,000 village halls, from April 15, 2014 to May 3, 2014, 15 to 28,000,000 three units of housing and the first unit of appurtenant works, from June 20 to July 11, 2014, the Plaintiff asserted that the Defendant should not pay only the construction work cost for the second unit of housing and the second unit of appurtenant works of 0,000 to 30,000 units of housing and the first unit of construction work of 20,000 units of housing and the second unit of construction work of 30,00,000 units of construction cost, including the two unit of construction cost of 30,00,000 units of construction work, the sum of construction cost to 13,0145,75.

2. In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in a lawsuit of demurrer against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). In the lawsuit of demurrer against such a claim, the burden of proof as to the grounds for objection to the claim shall also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, the plaintiff's claim is the defendant's claim in the lawsuit of objection against the finalized payment order.

참조조문

-민사집행법 제44조 제2항

-민사집행법 제58조 제3항

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