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(영문) 춘천지방법원 속초지원 2017.02.14 2016가단1191

청구이의

Text

1. Compulsory execution based on the payment order (No. 2009j298) issued by the Defendant against the Plaintiff is 7,533.

Reasons

1. Facts of recognition;

A. Defendant’s wife B purchased cosmetics sold by the Defendant, and on August 9, 2005, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to be borne by B.

The plaintiff recognized the authenticity of the evidence No. 1 (Guarantee) at the third date for pleading.

B. Although the Defendant purchased cosmetics from the Defendant, the Defendant filed an application with the Plaintiff and B for a payment order with the Chuncheon District Court for the payment of KRW 13,394,771 of the purchase price. On April 7, 2009, the above court ordered the Defendant to pay the Plaintiff and B, “The Plaintiff and B jointly and severally agreed with the Defendant to pay KRW 13,394,771 and the amount equivalent to 20% per annum from the day after the original copy of the instant payment order was served to the day of complete payment.” The above payment order was served on the Plaintiff on July 30, 200, and was finalized on August 14, 2009.

(hereinafter “instant payment order”). C.

Meanwhile, upon the instant payment order, the Defendant seized the Plaintiff’s wage claim upon obtaining a seizure and collection order under the court 2009TT94, and received the dividend of KRW 5,861,241 in total on several occasions from November 2, 2009 to July 29, 2015 according to the said distribution procedure.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 evidence, Eul evidence 1 to 3, 5 to 7, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion that “D (No. 3)” submitted by the Defendant cannot be believed to have been voluntarily prepared by the Defendant, and B bears only the obligation to pay goods worth KRW 6,633,100 against the Defendant as of July 2005, and the obligation to pay goods to the Defendant is subject to the application of the short-term extinctive prescription of three years. Accordingly, the above obligation had already expired by prescription on July 2008, which was prior to the issuance of the instant payment order, and even if so, it had not expired by prescription.

Even if the defendant had already received KRW 5,861,241 from the payment order of this case, and thus, the remaining obligation = 771,859 = 6.