logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.09.29 2017가단4496
청구이의
Text

1. The Defendant’s payment order against the Plaintiff is based on the Seoul Southern District Court’s 2016 tea8571 claim.

Reasons

1. Basic facts

A. On October 7, 2016, the Defendant applied for a payment order under 2016 tea8571 against the Plaintiff at this court.

(B) The amount of the first claim was 27,592,840 won and its delay damages, but was reduced by November 11, 2016 and its delay damages were 11,00,000 won and its delay damages.

On November 9, 2016, this Court issued a payment order stating that "the plaintiff shall pay to the defendant 1,00,000 won with 15% interest per annum from the day after the original copy of the payment order was served to the day of full payment" (hereinafter "the payment order in this case").

C. The original copy of the instant payment order was served on the Plaintiff on November 17, 2016, but became final and conclusive on December 2, 2016 due to the Plaintiff’s failure to raise an objection.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Gap evidence 2, and facts which are obvious to this court

2. The parties' assertion

A. The Plaintiff’s assertion that the amount of the tax invoice issued from September 2015 to November 2015, which was presented by the Defendant as the cause of the purchase price of the goods from September 2015 to the date of payment order was issued is that the Plaintiff submitted a tax invoice as if the Defendant did not receive KRW 27,592,840 in total the price of the goods despite having been directly paid by the Defendant from the Korea-New Company (hereinafter “Korea-New Company”), and received a payment order to reduce the amount of KRW 11,00,000 after applying for provisional attachment of the claim and the instant payment order.

Therefore, the claim that is the cause of the instant payment order does not exist at the beginning.

On October 25, 2016, the Plaintiff issued a tax invoice of KRW 8,800,000 (including value-added tax) with the Defendant on October 25, 2016, and cancelled the execution of provisional seizure against claims by mutual consent with the Defendant, and paid KRW 5,00,000 on November 1, 2016, and KRW 80,000 on January 24, 2017, and confirmed the amount of KRW 3,00,000 paid on December 26, 2015, and confirmed the amount of KRW 8,80,000 for goods.

arrow