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(영문) 인천지방법원부천지원김포시법원 2019.09.25 2019가단2012

청구이의

Text

1. The Defendant’s Branch of the Incheon District Court Branch Kimpo-si, 2018 tea 199 against the Plaintiff.

Reasons

1. In fact, the Defendant filed a claim against the Plaintiff for a payment order for the purchase price of goods with this Court, which became final and conclusive as the payment order was delivered to the Plaintiff but did not raise any objection.

2. Although the legal order for payment became final and conclusive and the res judicata does not take place, the restriction is not applied to a lawsuit of demurrer pursuant to the time limit of res judicata. Thus, in the trial of a lawsuit of demurrer, the court may deliberate and decide on all the claims stated in the payment order. In such a case, the burden of proving the existence or establishment of the claim is against the defendant in the lawsuit of objection.

3. However, considering all the materials submitted by the Defendant, it is insufficient to recognize that the Defendant has a claim for the purchase price of goods against the Plaintiff.