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(영문) 의정부지방법원고양지원 2020.07.15 2020가단5177
공사대금
Text

1. The instant lawsuit is an order for payment issued on March 18, 2020 for the payment of construction cost case in order to the High Government District Court 2020 tea363.

Reasons

1. The plaintiff filed an application with the defendant for a payment order for the payment of the construction cost under the Jung-gu District Court Goyang Branch 2020 tea363. On March 18, 2020, the above court rendered a payment order (hereinafter "the payment order of this case") with the purport that "the defendant shall pay to the plaintiff the amount calculated at the rate of 12% per annum from the day after the original copy of the payment order of this case was served to the plaintiff and the day after the day when the original copy of the payment order of this case was served to the day when the payment was fully paid," and the defendant operated the above company as the internal director of D company. The original copy of the payment order of this case was served to the defendant's domicile, but the defendant did not raise an objection against the payment order of this case until 14 days after the expiration of the payment order after the subsequent completion of March 23, 2020, and the defendant did not raise a dispute with the court of this case during the period of objection (hereinafter "the objection order of this case").

2. We examine whether the objection to the subsequent supplement of judgment in this case is legitimate.

The payment order shall be deemed to have become final and conclusive within two weeks from the date on which the obligor received the payment order, unless the obligor makes a lawful objection within two weeks (Article 470 of the Civil Procedure Act). According to the above facts, the lawsuit of this case is terminated upon the confirmation of April 7, 2020 after the lapse of two weeks from the date on which the original copy of the payment order was served to the Defendant, barring any special circumstance, and there is no evidence to prove that there is any circumstance to prevent the Defendant from complying with the period of objection due

Therefore, the subsequent objection to the instant case is unlawful.

3. Conclusion, the instant lawsuit became final and conclusive on April 7, 2020.

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