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(영문) 수원지방법원 2018.09.21 2016가단800699
청구이의
Text

1. Of the instant lawsuit, the part demanding the denial of compulsory execution based on the payment order (No. 2016 tea2270) from among the Suwon District Court.

Reasons

1. Facts of recognition;

A. On December 19, 201, the Plaintiff entered into a contract on the storage of goods with the Defendant, who operates C, and with the Defendant (hereinafter “instant contract”) for the storage period of KRW 600,000 for the storage period from December 19, 201 to March 18, 2012 (hereinafter “instant contract”).

B. Article 2 of the Special Agreement provides that “The automatic period of storage shall be extended by the public announcement of the non-delivery of the stored goods after the expiration of the period of storage, and the amount of the storage shall be settled monthly. In addition, this Agreement shall be terminated by paying the storage fees in arrears upon delivery of the stored goods to C.”

C. The Defendant issued a payment order against the Plaintiff (hereinafter “first payment order”) stating that “the Plaintiff shall pay KRW 3,00,000,000 to the Defendant at a rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment,” and the said payment order was served on the Plaintiff on November 25, 2013 and became final and conclusive on December 10, 2013.

The Defendant filed an order against the Plaintiff for payment of KRW 7,60,000 for 38 months from June 19, 2013 to August 18, 2016 under the instant contract, as Suwon District Court Decision 2016 tea2270, the Defendant issued a payment order (hereinafter “second payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 7,600,000 and the amount of KRW 15% per annum from the day after the original copy of the instant payment order was served to the day of full payment” (hereinafter “second payment order”).

On September 8, 2017, the Plaintiff filed an application for a subsequent completion with the Suwon District Court 2017Da39566, which was implemented as a lawsuit, and the said court was the said court.

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