Text
1. The Defendant’s compulsory execution against the Plaintiff on the basis of the payment order issued by the Seoul Central District Court 2014Hu290718.
Reasons
1. Under the Seoul Central District Court Decision 2014 tea290718, the Defendant filed an application for a payment order claiming payment of KRW 10,800,000 for the goods that he/she paid to the Plaintiff on behalf of the Defendant, asserting that “the Defendant, around 201, entered into a sales contract for the imported food with Nonparty C, who is the Plaintiff’s main food producer, but did not pay the goods despite having received the goods.” On July 201, 201, C filed an application with the Defendant for a payment order claiming payment of KRW 10,80,000 for the goods that he/she paid on behalf of the Defendant on behalf of the Defendant, and the payment order with the same content as the above application for payment (hereinafter “instant payment order”) from the above court on January 7, 2015, and received a payment order with the obligation under the instant payment order (hereinafter “instant debt payment order”).
In addition, the instant payment order was finalized on February 3, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the parties' arguments;
A. The gist of the Plaintiff’s assertion was that the Plaintiff did not enter into a sales contract with C, and the Defendant merely entrusted the Plaintiff with the goods that the Plaintiff would sell, and the Defendant did not return the goods to the Defendant on the ground that the goods were not sold thereafter.
Therefore, since the Plaintiff did not bear the obligation to pay the instant payment order, compulsory execution based on the instant payment order should be dismissed.
B. Around 2011, the gist of the Defendant’s assertion entered into a sales contract to purchase KRW 200,000,000, total purchase amount of KRW 20,000 from Nonparty C, which was known by the Defendant’s introduction, and the Defendant did not pay the purchase amount.
7. 19. The Plaintiff paid 18 million won to C on behalf of the Plaintiff.
① The Defendant is the transferee of the purchase price claim that C owns against the Plaintiff, and the Defendant paid KRW 18 million to C on July 19, 201, and C has against the Plaintiff.