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1. The Defendant’s Cheongju District Court 2018 tea831 against the Plaintiff is not subject to compulsory execution based on the payment order.
2. This.
Reasons
1. Basic facts
A. C and D jointly establish the Plaintiff Company on March 19, 2015 and take office as each internal director, registered D as the representative director, and completed the registration of C and D’s joint representative director on April 20, 2016.
B. D purchased from the Defendant on November 27, 2017, the E, and eight parcels from the Defendant, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju.
D on March 16, 2018, agreed to pay damages of KRW 188,157,188 on behalf of the Plaintiff Company to the Defendant by March 19, 2018, as a result of nonperformance of obligations under the purchase and sale contract as of November 27, 2017.
(C) On March 19, 2018, D retired from the position of joint representative director of the Plaintiff Company, and accordingly, D’s registration of retirement of joint representative director and abolition of joint representative regulations was completed on March 28, 2018. Meanwhile, D, on March 22, 2018, drafted a letter of payment, on behalf of the Plaintiff Company, that the Defendant and the Defendant shall reduce the amount of damages described in B from KRW 100,000 to KRW 10,000, and shall pay damages by March 28, 2018 (hereinafter “the second payment agreement”), and that the first and second payment agreement was “each of the instant damages payment agreements”).
The Defendant filed a claim against the Plaintiff Company for a payment order of KRW 100,000,000 according to the second payment agreement under this Court No. 2018 tea831, and the payment order issued on April 5, 2018 (hereinafter “instant payment order”) was served on the Plaintiff Company on April 11, 2018, and became final and conclusive on April 26, 2018.
[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence (including all branch numbers; hereinafter the same shall apply), Eul 1 evidence, the purport of the whole pleadings
2. Assertion and determination
A. The parties' assertion 1 summary and each of the instant damages payment agreements are concluded independently by D without the authority to represent the Plaintiff Company. Therefore, it is not effective against the Plaintiff Company.
Even if not, November 27, 2017.