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(영문) 부산지방법원서부지원 2019.05.01 2018가단10430

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff based on the payment order issued by the Busan District Court Branch of the Busan District Court 2018Hu2723.

Reasons

1. According to the purport of the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the defendant filed an application against the plaintiff for a payment order claiming payment of goods under Busan District Court 2007 tea 2641 (hereinafter "pre-sale payment order"), and the above payment order becomes final and conclusive on February 27, 2007, and the defendant filed an application for the payment order under Busan District Court 2018 tea 2723 on April 4, 2018 (hereinafter "the instant payment order") with the same content as above on April 4, 2018. The instant payment order is acknowledged to have become final and conclusive on May 25, 2018. According to the above facts, according to the above facts, the period of extinctive prescription was extended to 10 years due to the confirmation of the pre-sale payment order, and the payment order in this case should have become null and void on the ground that the claim in this case had become final and conclusive on February 14, 2007.

2. As to the judgment on the defendant's assertion, the defendant urged the plaintiff to pay the price of the goods of this case several times and received the decision to register the price of the goods of this case by the court 2017Kadan100208. Thus, the plaintiff's assertion of extinctive prescription is unjustifiable. However, since the plaintiff's demand for repayment and the registration on the ledger of non-performance cannot be viewed as legitimate grounds for the interruption of extinctive prescription against the claim of the goods of this case, the list of non-performance persons refers to a list that registers certain matters concerning the debtor who fails to pay monetary obligations within a certain period of time by the court's judgment and keeps it in the court for anyone to be seen or copied. Thus, the decision to register the list of non-performance persons cannot be deemed to constitute