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(영문) 수원지방법원안산지원 2016.02.05 2014가단117489
청구이의
Text

1. Compulsory execution based on the payment order (No. 2008j3450) rendered by the defendant against the plaintiff is 35.

Reasons

1. Basic facts

A. On February 13, 2007, the Plaintiff entered into a contract with the Defendant for the construction of a theater building (hereinafter “instant construction”). On February 13, 2007, the Plaintiff and the Defendant entered into a contract with the Defendant to purchase the sloping beam (H-BEM) to be used at the instant construction site (hereinafter “instant sales contract”). From around that time to March 2, 2007, the Plaintiff was supplied with 60,491,365 won in total by the Defendant from around that time.

B. On June 4, 2008, the Defendant filed an application with the Plaintiff for a payment order seeking payment of the purchase price under the instant sales contract with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of Suwon District Court (hereinafter “instant payment order”) and on June 4, 2008, the Defendant received the payment order stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from June 11, 2008 to the date of full payment” (hereinafter “instant payment order”). The above payment order became final and conclusive as it is because the Plaintiff did not raise any objection thereto.

C. After that, the original contractor of the instant construction changed to the Hanyang Integrated Construction Co., Ltd. (hereinafter “ Hanyang Integrated Construction”), and on April 16, 2010, the Plaintiff entered into a contract with the Defendant to lease the hyn beam beam to be used at the instant construction site (hereinafter “instant lease contract”) with the Defendant, and received the hyn beam from the Defendant from around that time until June 26, 2014.

Around July 2010, the instant construction was suspended due to the nonperformance of the Korea-Japan Comprehensive Construction Project.

E. On April 22, 2011, the Plaintiff and the Defendant drafted a written consent to direct payment as shown in attached Table 1 (Evidence 2, hereinafter “instant written consent to direct payment”). The Plaintiff, the Defendant, and D, who are the site director of the instant construction, drafted the same written agreement as specified in attached Table 2 (Evidence 1, hereinafter “instant agreement”).

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