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(영문) 인천지방법원 2016.08.11 2015가합56648
청구이의
Text

1. The original of the payment order issued by the Defendant against the Plaintiff is an executory exemplification of the goods payment case.

Reasons

1. Basic facts

A. On February 6, 2013, the Plaintiff and the Defendant entered into a goods supply agreement between the Plaintiff and the Defendant, and the Plaintiff entered the Defendant into the TFT-L Panel ( Model Name: LL097 QL01, hereinafter “instant goods”).

120,00 U.S. dollars (hereinafter “U.S. dollars”)

(2) From February 6, 2013 to February 26, 2013, the Defendant remitted USD 3,840,000 in total to the Plaintiff six times as the price for the instant goods from February 6, 2013.

3 The plaintiff 25 February 25, 2013 21,600, and the same year

3.3. 43. 43. 200 of the instant goods were supplied.

B. On August 21, 2013, the Plaintiff did not supply the instant goods to the Defendant. On August 21, 2013, the Defendant issued a certificate of content that demanded the Plaintiff to supply the remainder of the instant goods or to return the amount corresponding thereto. 2) On September 9, 2013, the Defendant applied for the payment order of KRW 1,971,30 ($ 1,766,400 ($ 55,200) x 320 x 32 x 1,166 x 16 x 20 x 16 x 316 x 16 x 16 x 20 x 20 x 20 x 1316 16 x 20 x 2013 x 2013 x 2013 / 2013 / 2016 / 2013 / 2016 / 2016.

3) On October 30, 2013, the Defendant filed an application for the seizure and collection order against the Plaintiff’s claims against the Plaintiff’s non-bank and seven other parties, with the title of execution of the instant payment order, as the title of the instant payment order. On November 1, 2013, the Defendant received a decision of acceptance on November 1, 2013, and served the said decision on the third party obligor. (C) On January 21, 2014, the Plaintiff entered into an agreement on the supply of the goods with the Defendant.

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