(영문) 서울동부지방법원 2016.09.22 2015가단50638

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(영문) 서울동부지방법원 2016.09.22 2015가단50638

청구이의

Text

1. The defendant's payment order against the plaintiff was based on the Seoul Eastern District Court 2006 tea17132 collection order.

Reasons

1. Basic facts

A. The defendant was notified of the payment order to "C shall pay 7,463,000 won to the defendant and 5% per annum from June 6, 2004 to August 23, 2004, and 20% per annum from the next day to the day of complete payment" as the creditor of the purchase price of goods against C. The defendant was notified of the payment order that "C shall pay the defendant 7,463,000 won and 20% per annum from the next day to the day of full payment."

The above payment order was finalized on September 7, 2004.

B. According to the above payment order finalized, the Defendant: (a) the obligor and the Plaintiff shall be the third obligor; (b) the amount of the claim shall be KRW 5,838,899; and (c) the Defendant issued a seizure and collection order against the Plaintiff under the Sungwon District Court Sung-nam Branch Branch 2005TT2834; and (d) the Defendant issued a final order to the same effect on July 25, 2005.

The above collection order was served on the plaintiff on July 29, 2005.

C. On November 29, 2006, the defendant filed a payment order with the plaintiff to claim the payment of the collection amount based on the above collection order, and on December 18, 2006, the Seoul Eastern District Court 2006Hu17132, "the plaintiff shall pay 4,45,99 won to the defendant and 5% per annum from March 16, 2006 to December 22, 2006, and 20% per annum from the next day to the day of full payment (hereinafter "the payment order of this case"). The payment order of this case was finalized around that time.

[Reasons for Recognition] Facts without a partial dispute, Gap 1-3 evidence, Eul 3, 4, and 6 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. In a lawsuit of demurrer, the burden of proof as to the grounds for objection is in accordance with the principle of allocation of the burden of proof in general civil procedure. In the event that the plaintiff claims that the plaintiff did not establish the defendant's claim in the lawsuit of demurrer, the defendant is liable to prove the cause of the claim, and the plaintiff's claim is null and void as a false declaration or extinguished by repayment, etc.

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