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(영문) 의정부지방법원남양주시법원 2016.09.08 2016가단53
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 30, 2015, the Defendant applied for a payment order against the Plaintiff, and issued a payment order stating that “the Plaintiff shall pay to the Defendant 5,300,000 won and 15% interest per annum from the day after the delivery date of the original copy of the instant payment order to the day of complete payment” (hereinafter “instant payment order”).

B. On December 31, 2015, the Plaintiff received the instant payment order and did not file an objection within two weeks, and the instant payment order became final and conclusive on January 15, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that since the defendant supplied the plaintiff with goods equivalent to KRW 5,300,000, the compulsory execution based on the payment order of this case should not be permitted.

B. In full view of the written evidence No. 1 and the witness C’s testimony, the Defendant’s provision of the households equivalent to KRW 5,300,000 to D’s representative from September 8, 2015 to September 23, 2015 is recognized.

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 5,300,000 as well as damages for delay calculated at the rate of 15% per annum from January 1, 2016 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order, as the Defendant seeks.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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