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1.The judgment of the first instance shall be modified as follows:
The defendant's Branch of the Incheon District Court to the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a medical corporation that establishes and operates the “convalescent hospital” and the Defendant is a company that mainly engages in the development, production, and sales of computer software and hardware.
B. On April 28, 2015, the Defendant filed an application against the Plaintiff for a payment order seeking payment of the supply price under the data processing system and program supply contract (Seoul District Court Decision 2015Hu1968, Seocheon-si, Kimpo-si). On December 31, 2015, the above court issued a payment order (hereinafter “instant payment order”) with the content that “the Plaintiff shall pay to the Defendant 40,550,000 won and the amount calculated at the rate of 15% per annum from the following day of the service of the original copy of the payment order ( January 5, 2016) to the day of full payment.” The order was finalized on January 19, 2016.
[Ground of recognition] The fact that there is no dispute, Gap 4's statement, purport of whole pleading
2. Judgment on the Defendant’s main defense
A. The Defendant asserted that the lawsuit of this case is unlawful as there is no benefit of lawsuit, since the Defendant collected the amount equivalent to the execution claim by issuing a seizure and collection order against the Plaintiff’s claim based on the instant payment order, and completed the compulsory execution as a whole.
B. Determination 1) In full view of the purport of each of the entries and arguments and records in health account, A3, 8-1-4, 9, 12-1-2 with respect to the instant case as the title of the instant payment order, the Defendant is the executive title of the instant payment order: ① Claim seizure and collection order with respect to the Plaintiff’s credit sales claim against Non-C Card Co., Ltd., KNB Card, each credit sales claim against the new card Co., Ltd., and the deposit claim against the Nonghyup Bank Co., Ltd., as well as the deposit claim owned by the Plaintiff against the Defendant.