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(영문) 대전지방법원 2015.11.20 2014가단33007
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the payment order dated July 10, 2014 by the Daejeon District Court 2014 tea 4674 against the Defendant’s Plaintiff is “15.

Reasons

1. Facts of recognition;

A. A. Business relationship between the Plaintiff and the Defendant (1) The Plaintiff is engaged in the business of collecting and selling recyclable materials under the trade name of “C”, and the Defendant operated the DB by March 2014.

(2) From November 2012 to March 31, 2014, the Plaintiff supplied LPG containers to the Defendant. If the Defendant paid advance payment to the Plaintiff, and the Plaintiff supplied LPG containers, the transaction took place between the Defendant and the Defendant by deducting the amount of goods supplied in advance.

(3) The Defendant is retired from the business of the filling station, and is working for accounting and LPG container transport service in C operated by the Plaintiff from April 1, 2014 to April 30, 2014.

The retirement was made.

B. (1) On June 26, 2014, the Defendant applied for a payment order against the Plaintiff as Daejeon District Court 2014 tea4674, and the said court accepted the Defendant’s application on July 10, 2014, and issued a payment order that “the Plaintiff shall pay to the Defendant 21,864,727 won and the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of full payment, and KRW 236,700 shall be borne by the Plaintiff.”

(2) On July 16, 2014, the above payment order was served on the Plaintiff, and was finalized as it became final and conclusive because the Plaintiff did not raise any objection within the period of time.

(hereinafter “instant payment order”). C.

(1) On the basis of the instant payment order, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claims against the agricultural cooperatives in Busan, based on the instant payment order ( Daejeon District Court 2014TTTTTT No. 11874), and received KRW 1,757,299 as the collection amount on August 25, 2014.

(2) On September 23, 2013, E completed the registration of the establishment of a mortgage on Daejeon 04Na2725, to secure the Plaintiff’s obligation to return advance payment to the Defendant. However, on the basis of the instant payment order, the Defendant was the Daejeon District Court F with regard to the above forkup vehicles.

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