beta
(영문) 대구지방법원서부지원 2016.11.17 2016가단6457

대여금

Text

1. The instant lawsuit was filed on March 21, 2016, the payment order issued on March 21, 2016 for a loan case in which this Court 201.

Reasons

1. As to the legitimacy of the Defendant’s objection against the payment order dated March 21, 2016 (hereinafter “instant payment order”) issued on March 21, 2016 in this Court Decision 201Da613, April 8, 2016 (hereinafter “instant payment order”).

On March 14, 2016, the Plaintiff filed an application against the Defendant for a payment order with the Plaintiff for the payment of the amount of KRW 25,00,000 and the amount of KRW 5% per annum from July 2, 2015 to the service day of the original copy of the instant payment order, and KRW 15% per annum from the next day to the day of complete payment. This court issued the instant payment order on March 21, 2016. This court issued the instant payment order on March 21, 2016; the Defendant’s Cho Jae-soo received the original copy of the instant payment order on March 24, 2016 at the time of the Defendant’s residence; the Defendant submitted the application for subsequent completion of the instant payment order on April 8, 2016 after the expiration of 14 days from that date.

On the other hand, the defendant's service against the defendant was lawfully made pursuant to Articles 183 (1) and 186 (1) of the Civil Procedure Act as a result of receiving the original of the payment order of this case at the defendant's residence. However, there is no evidence to prove that the defendant submitted a written objection against the payment order of this case within the period of objection, and there is no evidence to prove that the defendant could not be able to observe the period of objection due to a cause not attributable to the defendant. Thus, the defendant's objection to the above completion made after the lapse of two weeks from the date of receiving the original of the payment order of this case is unlawful.

2. In conclusion, the instant lawsuit was concluded upon the completion of the instant payment order on April 8, 2016, and the Defendant’s objection to the instant payment order on April 8, 2016 against the Defendant’s above payment order is unlawful and thus dismissed. It is so decided as per Disposition.