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(영문) 서울중앙지방법원 2018.12.13 2017가단5231709
청구이의
Text

1. The Defendant’s execution of the construction cost case No. 2017 tea47752 against the Defendant is the Seoul Central District Court.

Reasons

1. Basic facts

A. The plaintiff A is the owner of a construction project that newly constructs a wedding hall building on the 13th parcel of Ansan-si D et al., and the plaintiff B is the husband of the plaintiff A.

The defendant is a person who runs a construction business, such as stone construction, substitute construction, etc., with the trade name of E.

B. On October 11, 2017, the Defendant filed an application with the Seoul Central District Court for a payment order against the Plaintiffs (However, the name of Plaintiff B is stated in F in the application for the payment order) under the Seoul Central District Court No. 2017 tea47752, and the court issued a payment order with the purport that on October 18, 2017, the Defendant shall jointly and severally pay to the Plaintiffs (However, the name of Plaintiff B is stated in F in the payment order) KRW 13 million and the amount calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”).

The instant payment order was finalized on November 8, 2017, and the objection against the instant payment order was dismissed.

C. On September 15, 2015, the grounds for the claim for the instant payment order were that the Plaintiffs were a business entity that purchased real estate business, etc. in the trade name of G, and when constructing a wedding hall, the construction contract was entered into with the Defendant regarding the construction of a cover of KRW 9,00,000 on a cover of KRW 19,00,000 on a cover of KRW 30,000 on a cover of KRW 17,000 on a cover of KRW 30,000 on a cover of KRW 30,00 on a cover of KRW 30,000 on a cover of KRW 13,00 on a cover of the construction price.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The gist of the plaintiffs' assertion.

The Plaintiffs entered into a contract with the Defendant of KRW 9,100,000 in the case of the third floor, and KRW 10,000 in the case of the second floor and the fourth floor, in the course of making a verbal contract for the construction of a wedding hall for the second floor, the third floor, and the fourth floor, and paid KRW 17,00,000 to the Defendant.

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