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(영문) 수원지방법원안산지원 2015.10.02 2014가단17237
양수금
Text

1. In the instant lawsuit, an order for payment issued on April 30, 2014 in the Suwon District Court Ansan Branch case 2014 tea 2152 was issued on April 30, 2014.

Reasons

1. According to the records of this case, the following facts are recognized.

A. Hyundai Hosco Co., Ltd (hereinafter “Mosco”) claimed that new steel was transferred KRW 80,649,265 of the purchase price claim against the Defendant by the New Steel Co., Ltd. (hereinafter “New Steel”), and on April 23, 2014, the Defendant filed an application for a payment order against the Defendant for the payment of the purchase price amount under the Suwon District Court Ansan Branch Branch Branch of Suwon District Court Order 2014 tea2152. On April 30, 2014, the said court issued a payment order stating that “the Defendant shall pay to the Plaintiff the amount of KRW 80,649,265 and the amount calculated at a rate of 20% per annum from the day after the original copy of the instant payment order was served to the day of full payment” (hereinafter “instant payment order”).

B. The original copy of the instant payment order was served on May 8, 2014, and the Defendant did not raise an objection within two weeks from the date of service.

C. Meanwhile, on April 22, 2014 with respect to the new steel, the Defendant’s Intervenor, who deemed the rehabilitation obligor as the manager of the steel, denied the validity of the assignment of claims on May 16, 2014 and filed an objection against the instant payment order.

On June 5, 2014, the demanding court sent the records of trial of the instant payment order to this court for the reason that the objection was sent.

E. On July 11, 2014, the Intervenor’s Intervenor submitted an application to intervene in the Defendant’s assistant to this court.

F. On July 1, 2015, Hyundai Switzerland merged with the Plaintiff, and the Plaintiff took over the instant lawsuit.

2. The order of payment becomes final and conclusive with the lapse of the period of filing a formal objection unless the debtor files a lawful objection within two weeks from the date of receiving the payment order (Article 470 of the Civil Procedure Act). Meanwhile, the person who is entitled to file an objection against the payment order is the debtor (Article 469(2) of the same Act).

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