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(영문) 창원지방법원진주지원 2014.02.28 2013가단32556
청구이의
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 1, 2004, the defendant applied for the payment order of this case against the plaintiffs for the payment order of KRW 29 million and its delay damages, and the above payment order was served on the plaintiffs on January 10, 2004, and it was finalized on January 26, 2004.

B. On July 11, 2013, upon the above finalized payment order, the Defendant applied for the seizure of corporeal movables under the above court No. 2013No. 876 with respect to the movables listed in the attached attachment list owned by the Plaintiff A, and the above court executed the seizure on July 24, 2013.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 and 4, the purport of the whole pleadings

2. Chief;

A. The plaintiffs asserted that the payment order of this case was finalized without being served on the plaintiffs, and thus null and void or effective, the defendant's claim under the payment order of this case against the defendant is set off and extinguished. Thus, the defendant's compulsory execution under the payment order of this case shall not be allowed.

B. The defendant's assertion that the defendant accepted the construction contract from the plaintiff A on 1997, applied for the payment order of this case on the basis of its claim against the plaintiff A, and applied for the payment order of this case on the basis of the fact that the plaintiff Eul is a joint and several surety for the above construction payment obligation of the plaintiff A, and since the payment order of this case was legally delivered to the plaintiffs,

3. On or around September 1997, the Defendant entered into a contract with the Plaintiff A for construction works on the ground of the Gyeong-gun, Busan-gun, Busan-gun with the Defendant at KRW 28.6 million. The Defendant completed the construction works under the above contract on December 3, 1997; the Plaintiffs entered into a letter of payment on May 10, 200 that the Defendant would pay the Defendant the remainder amount of KRW 29 million under the above contract by June 10, 200; and the Defendant was based on the above payment note.

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