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(영문) 창원지방법원진주지원 2017.04.13 2015가합11222
청구이의
Text

1. As to the Plaintiff:

A. The court of the Jinju Branch of the Changwon District Court of the defendant Chochia Co., Ltd. is the court of the South Sea.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on August 11, 201 to run a passenger transport ticket business.

B. From August 11, 201 to June 22, 2012, the Plaintiff’s certified transcript of corporate register was registered as a joint representative director by B and C, and on June 22, 2012, C was dismissed from the joint representative director, and on November 27, 2014, B retired from the representative director and C was respectively registered as the representative director.

C. On January 20, 2014, Defendant Seocho Construction Co., Ltd. (hereinafter “Defendant Seocho Construction”) filed an order for payment with the Plaintiff on January 24, 2014, stating that the construction contract was concluded and completed between the Plaintiff and the Plaintiff, and that the Plaintiff was not paid the construction cost, and that the said order for payment (hereinafter “instant first order for payment”) reached the Plaintiff on January 24, 2014, by requesting the Plaintiff to pay KRW 128,700,000 per annum to the creditor (Defendant Seocho Construction) and the amount calculated at the rate of 20% per annum from the day following the date of service of the original copy of the instant order for payment to the day of full payment. However, the said order for payment was not issued by Party B registered as the representative director of the Plaintiff at the time, and the said order for payment became final and conclusive on February 8, 2014.

Defendant C’s Mazker Co., Ltd. (hereinafter “Defendant C’s Mazer”) filed a payment order against the Plaintiff on January 20, 2014, stating that it had not received rent from the Plaintiff even though the lease contract was concluded with the Plaintiff, and that “the Plaintiff would pay to the Plaintiff 12,400,000 won per annum 20% per annum from the day following the service date of the original copy of the decision on the instant payment order to the day of full payment, to the day of full payment” (hereinafter “the second payment order in this case”) and added up the first and second payment order in this case.

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