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(영문) 광주지방법원 2015.06.18 2014가단48601
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On the ground that the Defendant’s basic facts were issued a payment order for KRW 55,246,971 (hereinafter “instant payment order”) on June 16, 2014 on the ground that “The Defendant supplied the Plaintiff with ready-mixeds equivalent to KRW 55,246,971 in connection with the installation of the unclaimed hydroelectric power plant to the Plaintiff,” and the Defendant applied for a payment order for KRW 55,246,971 (hereinafter “instant payment order”) and the fact that the order became final and conclusive is no dispute between the parties.

2. The plaintiff's assertion as to the cause of the plaintiff's claim that the other party to whom ready-mixed was supplied by the defendant is not the plaintiff but the non-party Donghee Construction Co., Ltd. (hereinafter "non-party company"). According to the statements in Eul and Eul evidence Nos. 1 through 6, the defendant entered into a tax invoice with "the terms of supplying ready-mixed with the plaintiff on February 27, 2014 to the plaintiff on February 27, 2014, the supply of ready-mixed with the non-indicted Nos. 5,246,971 to May 16, 2014" and the plaintiff's request for the payment order of the goods of this case to the defendant for the payment order of the goods of this case to the non-party No. 30 or 500 to the non-party No. 1, 2014 to the plaintiff on May 27, 2014 to the above facts that the plaintiff supplied the goods of this case to the defendant for the payment order.

3. Conclusion, the plaintiff's objection.

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