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(영문) 수원지방법원오산시법원 2020.02.06 2019가단2241
청구이의
Text

1. On May 22, 2017, the defendant's claim for the agreed amount against the plaintiff was filed by the Suwon District Court 2017Gauri1139.

Reasons

1. If the purport of the entire pleadings is added to the evidence evidence No. 1 and evidence No. 4, the Plaintiff filed a lawsuit against the Plaintiff seeking payment of KRW 22 million and delay damages, on July 5, 2013, with the Defendant for the payment of KRW 3 million each month (Article 1). (Article 1) In the event of the lease of equipment owned by the Plaintiff, the Plaintiff shall pay KRW 3 million each month (Article 2) (hereinafter referred to as the “instant confirmation”). The contract confirmation form (hereinafter referred to as the “instant confirmation form”). The Defendant filed a lawsuit against the Plaintiff for payment of KRW 22 million and delay damages incurred therefrom, which became final and conclusive on May 22, 2017 (hereinafter referred to as the “instant recommendation”) and on June 19, 2017.

2. The plaintiff asserts to the purport that compulsory execution based on the decision on performance recommendation of this case should not be permitted on the ground that the plaintiff has a duty to pay the defendant a sum of KRW 22 million as stipulated in Article 1 of the confirmation document of this case, because the plaintiff is not obligated to pay the defendant a sum of KRW 22 million as stipulated in the confirmation document of this case, because the plaintiff is not obligated to pay the defendant a sum of KRW 12 million due to the defendant's non-cooperation.

3. In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim which became the cause of claim for the payment order, and the burden of proof as to the grounds of claim objection in such lawsuit of objection shall be in accordance with the principle of burden of proof distribution in the general civil procedure.

Therefore, if the plaintiff asserts that the claim was not constituted by the defendant in a lawsuit claiming objection against the established payment order, the cause of the claim is the defendant.

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