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(영문) 수원지방법원여주지원이천시법원 2015.12.17 2015가단40

청구이의

Text

1. The defendant's contribution to the plaintiff is the defendant's contribution of the Suwon District Court, Leecheon-si Court, 2015 tea 736 goods price case.

Reasons

1. Indication of claim;

A. On January 12, 1998, the Defendant: (a) purchased the same amount from the Defendant for KRW 660,00 and paid the purchase amount in ten-month installments until November 5, 1998; (b) however, the Defendant filed an application with this court for an order to pay the Plaintiff for the payment of goods under the heading 2015 tea736; and (c) on May 29, 2015, the Plaintiff received an order to pay the Defendant the amount of KRW 2,845,75 and KRW 660,000 annually from the day following the delivery of the original payment order to the date of full payment; and (d) the above payment order became final and conclusive around that time.

B. However, the Plaintiff did not purchase the above "Dong Sea Marina" from the Defendant, and even if so, the Plaintiff purchased the above goods from the Defendant and did not pay the purchase price.

Even if the purchase price claim has already been completed and terminated by the short-term extinctive prescription of three years, compulsory execution based on the above payment order cannot be allowed.

2. Judgment by the legal fiction of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);