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1. On May 15, 2017, the Suwon District Court (Seoul District Court) against the Defendant’s Plaintiff and the goods price, etc. are the following 397 vehicle.
Reasons
1. Basic facts
A. On May 12, 2017, the Defendant filed an application for the payment order with the Defendant and the final and conclusive payment order thereof against the Plaintiff for the payment order seeking joint payment of KRW 48,166,80 for soil and sand transportation expenses and delayed payment damages and expenses for demand procedure expenses with the Suwon District Court KRW 2017 tea 397, Suwon District Court (hereinafter “C”) and the Plaintiff. On May 15, 2017, the said court issued the payment order to C and the Plaintiff on May 15, 2017, and the original payment order reaches the Plaintiff on July 11, 2017 and became final and conclusive.
(hereinafter “instant payment order”). B.
(1) The debtor (C and the plaintiff) prepared a mutual statement on the cost of the on-site operation of C and requested the creditor (the defendant) to transport the original document.
(2) The creditor (the defendant) entered into an oral soil transportation contract with the debtor (C and the plaintiff) and entered into an external sales contract, and transported soil and sand to the creditor's construction equipment at the debtor's construction site at the time of the debtor's construction site.
(3) The debtor (C and the plaintiff) agreed to pay the credit amount from time to time to time to the creditor (the defendant) but did not pay the credit amount at one percentage, and the credit amount remains 48,166,800 won.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 4 (including a progress number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff had the Plaintiff’s right to sell sand produced by C in order to secure the repayment of the Plaintiff’s loan claim against C. On August 18, 2015, as the minimum operating expenses incurred at the site for sand production on August 18, 2015, the Plaintiff shall be paid out of the sand sales price the Plaintiff agreed and confirmed between the Plaintiff and C representative directorD (such as labor cost, equipment user fee, raw materials transport cost, electricity cost, repair and maintenance cost, etc.) and in principle, the Plaintiff shall recover KRW 70 million each month’s loan claim.