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(영문) 창원지방법원 거창지원 2021.03.23 2020가단10034
청구이의
Text

On the 52th 52th 2018, the court of Changwon District Court for the plaintiff (Counterclaim defendant) of the defendant (Counterclaim defendant) to the plaintiff (Counterclaim defendant).

Reasons

Facts of recognition

A principal lawsuit and a counterclaim shall be deemed simultaneously.

A. From March 29, 2017 to April 6, 2018, the Defendant supplied the Plaintiff 497,080,200 won (hereinafter “first supply contract”). (b) From March 25, 2017 to October 27, 2018, the Plaintiff’s total sum of KRW 448,700,000 as the price for goods to the Defendant as the price for goods. According to the evidence evidence No. 4 of the Plaintiff’s account in the name of the Defendant or the Defendant’s spouse from March 25, 2017 to October 27, 2018, the Plaintiff may recognize the fact that the total sum of the money deposited in the account in the name of the Defendant or the Defendant’s spouse was 45,00,000,000 won, but there is no dispute as to the amount paid between the parties.

A. The payment was made.

(c)

On April 18, 2018, the Defendant did not pay to the Plaintiff KRW 137,610,200 out of the amount of the first goods as shown in attached Table 1.

On April 18, 2018, the court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 137,610,200 and the amount calculated at the rate of 15% per annum from April 25, 2018 to the date of full payment” (hereinafter “instant payment order”).

The instant payment order was served on the Plaintiff on April 24, 2018, and was finalized on May 9, 2018.

(d)

The Defendant supplied an additional quantity to the Plaintiff from April 25, 2018 to August 21, 2018 (hereinafter “the second supply contract of this case”). The Plaintiff recognized it in the written preparation prepared on February 17, 2021.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 4 (including various numbers, if any; hereinafter the same shall apply), each of the parties to the whole pleadings

A. The Plaintiff’s assertion: (a) from August 8, 2017 to September 7, 2017, the Defendant: (b) KRW 11,842,00 from D as the Plaintiff’s obligor’s obligor from around August 8, 2017 to around September 7, 2017, the Plaintiff’s claim amounting to KRW 11,00,000 to the Defendant in

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