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1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution under this Court 2013Kag187, Dec. 12, 2013
Reasons
The Defendant filed a payment order (hereinafter “instant payment order”) against the Plaintiff with Seoul Northern District Court 2013 tea5053 on September 5, 2013, with the Seoul Northern District Court 2013 (hereinafter “instant payment order”), and the fact that “the Plaintiff paid to the Defendant 10,340,920 won and damages for delay at a rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment is not disputed between the parties.”
The plaintiff asserts that the defendant did not have the right to claim payment of the above amount against the plaintiff. Accordingly, the defendant asserted that there was a claim for payment of KRW 10,340,920 for the defendant since the defendant agreed to pack and deliver used vehicle parts to the plaintiff at the expense of the defendant and purchase the whole remaining packing boxes at the time of the completion of the transaction.
In full view of the overall purport of the pleadings in relation to Gap's evidence Nos. 1, 3-5, Eul evidence Nos. 1, 2, 3-2, Eul evidence Nos. 4-4, Eul evidence Nos. 5-1, Eul evidence Nos. 6-6, Eul evidence Nos. 7, Eul evidence Nos. 6-1, and Eul evidence Nos. 7, and witness witness testimony, the head of Eul, an employee of the plaintiff, entered into a contract for the purchase of used cars, such as a data base c, on April 2012 with the defendant on behalf of the plaintiff, manufactures packaging boxes containing the plaintiff's trademark name (E) at the defendant's expense. The production cost is paid each time when the plaintiff was supplied used cars parts. The plaintiff agreed that the plaintiff purchased all remaining packages as a package for 90 days or more, and that the plaintiff manufactured 40 days' unit price and 40 days' unit price per package for the plaintiff's remaining packing.