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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found to be of no dispute between the parties, or to be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 4, Eul evidence 1 to 4 (including evidence with serial numbers):
A. The Defendant filed an application against the Plaintiff for a payment order claiming payment of KRW 20 million with Seoul Central District Court 2013 tea 79370,000. The grounds for the application were that the Defendant supplied electricity and special lighting to the Plaintiff for several years, and that the unpaid amount of KRW 20 million remains.
On December 4, 2013, the above court issued a payment order of 20 million won to the defendant and 20% interest per annum from December 12, 2013 to the date of full payment. The above payment order became final and conclusive after the delivery to the plaintiff.
B. Around 2015, the Plaintiff filed a suit against the Defendant for objection against the payment order finalized as above, which appears to be Seoul Central District Court 2015dan209765.
In the above case, the court rendered a judgment in favor of the plaintiff that excludes the enforcement of the above payment order on the ground that the defendant's claim for the goods price against the plaintiff is not recognized, and since the defendant's claim for the loans against the plaintiff is related to a separate claim different from the subject matter of the lawsuit, the claim for objection against the above payment order cannot be asserted effectively, and the judgment
C. Accordingly, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 10 million, which was not paid out of the loan amounting to KRW 20 million with the Plaintiff as this court 2016 Ghana65019 (hereinafter “prior lawsuit”). The court below followed the procedure by service by public notice, and then completed the procedure on April 12, 2017, “the Plaintiff” refers to the Defendant’s KRW 10 million and its payment with KRW 36% per annum from February 1, 201 to October 25, 201, and the next day from the next day to the date of complete payment.