beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant filed an application with the Plaintiff for a payment order by asserting that the equipment necessary for dredging C, which is located in Changyang City B, was leased to the Plaintiff and did not receive KRW 15,964,00 for the equipment in May, and June, 2013. On December 18, 2013, the Changwon District Court rendered the payment order ordering the Plaintiff to pay KRW 15,964,00 for the equipment costs and delay damages calculated at the rate of 20% per annum from the day following the delivery of the above equipment costs to the Defendant to the day of complete payment (hereinafter “instant payment order”).
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff believed D at the above CHado dredging site and did not raise an objection to the payment order. Since D's contract to pay KRW 53,000 per 1 unit to the article of d'pump truck truck, it is false that D's contract to pay KRW 63,000 per unit to the plaintiff, even though it entered into a contract with E, which is a d'p truck truck business operator, the plaintiff should deposit the equipment cost calculated as KRW 63,000 per unit to the article of d's d' and he/she received KRW 13,67,000 on May 30, 2013, he/she became aware of the fact that he/she received the difference of KRW 13,67,00 through F, and filed a criminal complaint with D's and F' on August 19, 2014, it was deemed that D's work was shipped to clarify the amount of equipment cost, but it cannot be acknowledged as the defendant's claim for equipment cost.
B. The Defendant asserted that the Defendant leased the excavation period from January 2013 to June, 2013. The equipment cost from January 2013 to April 2013, if only the Plaintiff issued a blank tax invoice stating only the details of transactions and the supplier, the Plaintiff confirmed the transaction specifications and sent it again to the Defendant, stating the recipient of the tax invoice, the supply price, etc., and paid the equipment cost by sending it again to the Defendant.