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1. The Defendant’s payment order based on the payment order in the case 2015 tea 2159 against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. On May 2013, the Plaintiff (formerly: Eastjin Construction Co., Ltd.) entered into a contract with the Defendant on the construction site of the building C (hereinafter “instant building”) located in the Guri-si B (hereinafter “instant construction”) where the Plaintiff was in charge of construction as the contractor (hereinafter “instant construction”) with the following content: (a) the Defendant installed a temporary fence and leased materials (hereinafter “instant contract”).
Details of construction: 14,570,000 won for the construction and lease of a temporary fence (including additional tax, 16,027,000 won, including additional tax): 6,284,400 won for the material rent (i.e., total of 10,474,000 won - 4,189,600 won): 7,598,600 won for the installation cost: 7,598,600 - Other expenses under the Special Agreement on 694,150 won: BUYBK (Lease) for 12 months; and 10% of the monthly rent for 12 months after the rental period.
B. The Defendant completed the installation of a temporary fence on May 14, 2013, and the Plaintiff paid KRW 16,027,000 to the Defendant around August 12, 2013 under the instant contract.
C. From May 15, 2014 to May 14, 2015, the Defendant applied for a payment order against the Plaintiff seeking payment of KRW 16,758,40,00 in aggregate of KRW 6,284,40 in materials rent and KRW 10,474,00 in materials price and KRW 10,474,00 in materials price and delay damages, and issued a payment order (hereinafter “instant payment order”) on August 28, 2015 in this Court Decision 2015 tea2159.
On September 2, 2015, the Plaintiff received the instant payment order on September 2, 2015, but did not file an objection within two weeks, and the instant payment order was finalized on September 17, 2015.
E. Based on the instant payment order, the Defendant issued a seizure and collection order on October 5, 2015 with respect to the Plaintiff’s claim against the Nonghyup Bank Co., Ltd. under the District Court Decision 2015TTT16425.