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Busan District Court Decision 2016Da4654 decided the original copy of the payment order for the purchase price against the plaintiff.
Reasons
1. The Plaintiff asserted that the Defendant was liable for the monetary payment of KRW 124 million under the payment order issued by Busan District Court Decision 2016 tea 4654, but on April 7, 2018, the Plaintiff agreed to reduce the Defendant’s obligation to KRW 18 million. On November 27, 2018, the Plaintiff again agreed to reduce the Defendant’s obligation to KRW 95 million.
Accordingly, the Plaintiff paid to the Defendant the sum of KRW 23.6 million on November 20, 2018 and KRW 23.6 million on November 27, 2018, and repaid KRW 68,221,851 on January 7, 2020, the Plaintiff’s obligations against the Defendant still remains 30,178,149 (=95 million - KRW 23.66 million - KRW 68,221,851).
Nevertheless, the defendant applied for a collection order against the plaintiff with the amount of KRW 163,147,173 based on the original copy of the payment order No. 2016 tea4, the defendant applied for the seizure and collection order against the plaintiff. The above application must be permitted only within the scope of KRW 3,178,149.
2. Determination
A. The facts of recognition (1) The Defendant filed an application with the Plaintiff for a payment order for the payment of the purchase price as Busan District Court No. 2016 tea4654. On May 19, 2016, the above court rendered a decision against the Plaintiff to pay the Plaintiff KRW 124 million and damages for delay calculated at the rate of 15% per annum from the next day of the delivery of the original copy of the payment order to the Defendant (hereinafter “instant payment order”). The above decision was served on the Plaintiff on May 23, 2016 and became final and conclusive on June 8, 2016.
(2) On April 17, 2018, the Plaintiff and the Defendant agreed to reduce the amount of the Plaintiff’s monetary obligation according to the instant payment order by the amount of the Plaintiff’s monetary obligation according to the instant payment order (hereinafter “instant agreement”) under the joint and several guarantee by C Co., Ltd. (hereinafter “C”).
1. As to the instant payment order case that Party A (Defendant) took place against Party B, the following agree:
② The amount of KRW 18 million shall be agreed upon, excluding the amount claimed by B, out of the final amount of the purchase price as KRW 124 million.