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1. The Defendant’s claim against the Plaintiff in Incheon District Court No. 2016 Ghana2942 is enforceable.
Reasons
1. Facts of recognition;
A. The defendant is an owner of an order of 30,000,000 Nos. 30,000, and the plaintiff is an instructor.
B. On or around April 25, 2015, the Plaintiff joined an order of priority in which Nonparty C entered the said order, but around June 2015, the Defendant joined the said order (hereinafter “instant order”) and agreed to receive KRW 30,000,000 and interest from the order of priority around January 2016.
C. 1) On June 24, 2015, the Plaintiff deposited KRW 1,50,000 to the Defendant, via C, and KRW 1,50,000 on August 25, 2015; KRW 1,500,000 on September 24, 2015; KRW 1,500,000 on November 25, 2015; KRW 7,500,000 on a total of KRW 1,50,000 on December 24, 2015; and KRW 4,50,000 on a deposit basis with the Defendant on October 24, 2015.
3) Meanwhile, the Plaintiff deposited KRW 1,500,000 on May 27, 2015, and KRW 3,000,000 on July 7, 2015, respectively. D. The Defendant deposited KRW 15,50,000 on January 25, 2016 to the Plaintiff on January 25, 2016. E. The Defendant filed a lawsuit against the Plaintiff on the claim for the payment of deposit amount under Incheon District Court Decision 2016Da29442, and filed the lawsuit against the Plaintiff, and the said court paid KRW 3,30,000 to the Defendant with KRW 15% per annum on May 18, 2016 (hereinafter “instant decision on the performance recommendation”).
A) Around that time, the above decision became final and conclusive (the Defendant stated that “The Plaintiff did not pay KRW 3,300,000 to the Plaintiff even though it received KRW 15,500,000 from the Plaintiff on January 25, 2016, according to the sequence of claim) as the cause of the claim at the time.”
1) 【Facts without dispute over the grounds for recognition, Gap evidence 1 through 9, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1 of the parties concerned is that the defendant as the owner of a fraternity pays the fraternity and interest in the order of the plaintiff, but C did not pay the fraternity.