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1. The Defendant’s order of payment order (No. 531) before March 14, 2019 against the Plaintiff was issued by the Daejeon District Court Branch of Daejeon District Court.
Reasons
1. Basic facts
A. The defendant is a company aimed at the business of mass energy production, waste disposal, etc., and the non-party D is the representative director of the defendant.
B. On February 15, 2017, D and Nonparty E entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease term of two years and 60 million won for the leased object as to the first floor (including the area of parking lot) and other area (including the exclusive use area of 198 square meters) of the F-dong building 2-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul (hereinafter “instant leased object”).
(c)
On January 23, 2019, Nonparty G, a husband of D, installed a container without permission in front of a container used by the Defendant as a material storage on January 16, 2019, and made the wall, body, line, roof, etc. using assembly-type panel, etc., and made the Defendant’s container as the Plaintiff’s container, and made the Plaintiff’s material unfolded in front of the Defendant’s container entrance.
As a result, the Defendant paid KRW 50 million for the delay in the supply of materials to Nonparty H (hereinafter “H”), and caused a total of KRW 10.8 million for 54 days as the Plaintiff’s act restricted access to containers, and the Plaintiff submitted an application for payment order to the effect that “the Plaintiff compensates for total amount of KRW 60.8 million to the Defendant.” On March 14, 2019, Daejeon District Court Decision 2019Hu531, Daejeon District Court Decision 2019Da31, “the Plaintiff paid KRW 60.8 million to the Defendant” (hereinafter “instant payment order”) and the said payment order was finalized on April 3, 2019.
(d)
On the other hand, on April 16, 2019, the Plaintiff applied for the suspension of compulsory execution based on the instant payment order and made a decision of acceptance on April 18, 2019 as the Daejeon District Court Branch 2019Kao 5019.
(e).