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(영문) 전주지방법원 2018.12.05 2018가단5784
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the overall purport of the statement and pleading in Eul evidence No. 1, the defendant, at the plaintiff's request, installed electronic equipment of an amount equivalent to 4060,000 won at each of the C apartment, D apartment, E apartment, E apartment, F apartment, G apartment, and H apartment units (hereinafter "each of the instant senior citizen centers") located in Jung-gu, Nowon-gu, Seoul at the plaintiff's request from April 7, 2017 to April 9, 2017, but the plaintiff failed to pay it, asserting that the plaintiff filed an order for payment of 4060,000 won (hereinafter "the instant goods payment order") with the Jeonju District Court Order 2018Da112, Jan. 17, 2018, for which "the plaintiff received 4060,000 won from the above court to the date following the delivery of the payment order order, and it is recognized that the payment order was paid for late 15,081" (hereinafter "the instant case").

2. The assertion and judgment

A. The project to strengthen the function of the Plaintiff’s center for senior citizens is to confirm necessary goods from the center for senior citizens and submit a written estimate on such goods to the competent resident center or the Gu office, a public official in charge shall allocate the budget to the center for senior citizens, and pay the goods to the center for senior citizens after the Defendant installed the goods in the center for senior citizens. In this regard, the Plaintiff only heard the civil petition from each center for senior citizens in this case and notified the Defendant of the price, and the Plaintiff did not conclude a contract to supply the goods with the Defendant. Therefore, the Plaintiff is not obligated to pay

Therefore, compulsory execution based on the payment order of this case should not be permitted.

B. According to the statement No. 2 of the judgment, the results of the dispatch of documents to the former part of the Gwangju High Court, and the purport of the entire pleadings, the Plaintiff is part of the business of strengthening the functions of the center for senior citizens.

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