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(영문) 전주지방법원군산지원 2019.06.21 2018가단6414
청구이의
Text

1. The Defendant’s payment order based on the Jeonju District Court’s Gunsan Branch 2018j741 Equipment User Fee case against the Plaintiff.

Reasons

1. Facts of recognition;

A. As the Defendant leased equipment to the Plaintiff from January 2018 to August 2018 and did not receive KRW 16,464,00 among the equipment usage fees of KRW 120,946,650, the Defendant filed an application for payment order against the Plaintiff under the Jeonju District Court’s Gunsan Branch 2018 tea741 on the ground that the claim for the equipment usage fees was the cause of application.

B. On October 5, 2018, the above court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 16,464,000, calculated at the rate of 15% per annum from the day following the date of service of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”).

The instant payment order was served on October 12, 2018 on the Plaintiff, and it became final and conclusive on October 27, 2018 due to the Plaintiff’s no objection.

C. After the institution of the instant lawsuit, the Plaintiff paid all user fees and damages for delay based on the instant payment order to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of recognition, since the debt based on the payment order of this case against the plaintiff against the defendant has ceased to exist due to the plaintiff's repayment, compulsory execution against the defendant's payment order of this case cannot be permitted.

3. In conclusion, the plaintiff's claim is reasonable and acceptable. However, in light of the fact that the plaintiff fully repaid the obligation based on the payment order of this case after the lawsuit of this case, the costs of lawsuit are ordered to be borne by each party. It is so decided as per Disposition.

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