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(영문) 대구지방법원김천지원구미시법원 2019.09.19 2019가단29
청구이의
Text

1. On December 2018, 2018, the Daegu District Court, Kimcheon-si, Seoul District Court, 2018 tea1087, against the Defendant’s Plaintiff.

Reasons

1. On December 3, 2018, the Defendant filed an application against the Plaintiff for a payment order claiming the payment of the price of the goods and damages for delay on the ground that the Defendant had a joint and several surety claim amounting to KRW 5,954,486 against the Plaintiff as the court of this court 2018 tea 1087, and the payment order as of December 12, 2018 of this Court was served on January 6, 2019 and became final and conclusive on the 22th of the same month.

2. The plaintiff asserts that compulsory execution based on the above payment order shall not be permitted since the plaintiff had made joint and several sureties or agreed to pay for the goods of KRW 5,954,486 against the defendant of the non-party corporation D. Accordingly, the defendant asserts that there exists the above joint and several sureties claim since the plaintiff has repeatedly agreed to pay the above company's goods payment obligation jointly and severally with the above company within a prompt time.

On the other hand, it is difficult to recognize the above assertion only by the descriptions of evidence Nos. 7-1 (E) corresponding to the defendant's argument that "the plaintiff jointly and severally guaranteed the obligation to pay the goods of this case by the above company," and the descriptions of evidence Nos. 1 through 4, evidence Nos. 1 through 8-1, 2, 3, 8-2, 3, 9, 10 (the entire certificate of registered matters), 5 evidence Nos. 5 (the search list of cases), and 6 evidence No. 1 (the receipt certificate) are insufficient to acknowledge the above assertion, and there is no other evidence to prove it otherwise.

3. If so, the defendant's joint and several surety claim against the plaintiff stated in the order of payment stated in the order was not existed from the beginning.

Since compulsory execution based on the above payment order is not allowed.

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