본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
수원지방법원안양지원 2019.10.10 2018가단119368

청구이의

Text

1. An executory payment order for the purchase-price case of the goods at the Suwon District Court was issued in accordance with an executory payment order.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.

As of April 30, 2017, on the ground that the Defendant supplied the Plaintiff with goods, such as drugs, etc. and remaining KRW 136,968,127 out of the price, the Defendant filed an application for payment order against the Plaintiff for the payment order for the purchase of goods with Suwon District Court support 2017,103. On June 26, 2017, the Defendant received the payment order (hereinafter “instant payment order”) from the above court stating that “the Plaintiff shall pay the Defendant 136,968,127 won and the amount equivalent to 15% per annum from the day after the original copy of the payment order is served to the Defendant during the day of full payment (hereinafter “instant payment order”). This was served on the Plaintiff on June 30, 2017, which was finalized as it is as is July 15, 2017.

B. On August 24, 2018, the Defendant filed an application with the Seoul Central District Court for the seizure and collection order of the Plaintiff’s claim KRW 160,150,918 against the Industrial Bank of Korea under the Seoul Central District Court 2018TTT 113054, with the title of execution of the instant payment order, and received the same decision from the said court.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) (i) Plaintiff supplied goods, such as continuous medicine, etc. from the Defendant until November 30, 2017, even after April 30, 2017; and (ii) paid a reasonable amount to the Defendant between February 28, 2018 and February 29, 2018, Plaintiff paid KRW 54,200,119 as shown in attached Table 1 as of February 29, 2018.

Therefore, the defendant's compulsory execution under the payment order of this case should not be permitted within the scope exceeding 54,200,119 won.

(2) The amount of money paid by the Defendant Plaintiff to the Defendant as the price for goods ought to be appropriated for the repayment in the order of principal among the amount of the debt determined by the instant payment order - In calculating this, the principal amount of KRW 84,358,461 shall remain as of February 28, 2018, as shown in the attached Table 2, and the said amount shall be paid.