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(영문) 창원지방법원밀양지원 2015.09.09 2015가단863
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant filed an application with the Plaintiff for a payment order by asserting that the equipment necessary for dredging C, which is located in Changyang City B, was leased to the Plaintiff, and that the Plaintiff did not receive KRW 10,494,00 for the equipment cost in May,, June, July, 2013. On December 18, 2013, the Changwon District Court rendered the payment order ordering the Defendant to pay the amount calculated at the rate of 10,494,00 won per annum from the day following the delivery of the above equipment cost to the day of full payment (hereinafter “instant payment order”). The payment order was finalized on January 4, 2014.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff believed D at the above CHado dredging site and did not raise an objection to the payment order. Since D's contract to pay KRW 53,000 per 1 unit to the article of d'pump truck truck, it is false that D's contract to pay KRW 63,000 per unit to the plaintiff, even though it entered into a contract with E, which is a d'p truck truck business operator, the plaintiff should deposit the equipment cost calculated as KRW 63,000 per unit to the article of d's d' and he/she received KRW 13,67,000 on May 30, 2013, he/she became aware of the fact that he/she received the difference of KRW 13,67,00 through F, and filed a criminal complaint with D's and F' on August 19, 2014, it was deemed that D's work was shipped to clarify the amount of equipment cost, but it cannot be acknowledged as the defendant's claim for equipment cost.

B. The Defendant asserted that the Defendant leased the searcher in May 5, 2013 to the Plaintiff, and that the Plaintiff issued a blank tax invoice stating only the details of transactions and the supplier to the Plaintiff, the Defendant filed an application for the instant payment order with the Plaintiff for the payment of KRW 10,494,00 for the equipment cost, even though the Plaintiff confirmed the transaction specifications and sent the blank tax invoice to the Defendant, stating the recipient, supply value, etc.

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