(영문) 창원지방법원 2015.07.03 2014가단82463

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(영문) 창원지방법원 2015.07.03 2014가단82463

청구이의

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1. The Defendant’s payment order against the Plaintiff was issued on February 5, 2014 by the Changwon District Court, Kimhae-si Court, 2014.

Reasons

1. Basic facts

A. On February 5, 2014, the Defendant received a payment order against the Plaintiff (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount equivalent to 23,593,231 won and the annual interest rate of 20% from March 29, 2014 to the date of full payment.” The original payment order was served on the Plaintiff on March 28, 2014, and the instant payment order was finalized on April 12, 2014.

B. In relation to the instant payment order, the Plaintiff received a decision to suspend compulsory execution on the condition that the Plaintiff deposited KRW 5,000,000 as security on October 22, 2014 upon filing an application for the suspension of compulsory execution with the Changwon District Court 2014Kaga919.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The price for the goods of the payment order of this case asserted by the plaintiff (hereinafter "the price for the goods of this case") is due to the transaction between C and the defendant, which is the plaintiff's put to a construction business.

In addition, the amount of goods unpaid to the defendant by C is limited to about 8 million won, and the extinctive prescription for the defendant's claim for the above goods has expired.

Therefore, compulsory execution based on the payment order of this case against the plaintiff should not be permitted.

B. The price of the instant goods asserted by the Defendant was incurred in the transaction of goods between the Plaintiff and the Defendant.

Even if the price of the instant goods was incurred in the transaction of goods between C and the Defendant, the Plaintiff is obligated to pay the price of the instant goods as the nominal lender in light of the following: (a) the Plaintiff issued a business registration certificate via C to enable the Plaintiff to issue a tax invoice in the future; and (b) reported purchase based on the said tax invoice; and (c) the price of the goods against the Defendant was partially repaid as a household check issued by the Plaintiff

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