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(영문) 수원지방법원용인시법원 2020.12.10 2020가단88

청구이의

Text

The defendant's payment order for the purchase price is based on the Suwon District Court's 2001j2141 decision against the plaintiff.

Reasons

In fact, C applied for a payment order against the Plaintiff on September 19, 2001, the Suwon District Court, 2001Da2141, the Suwon District Court, 2001, and claimed that the Plaintiff sold the Plaintiff with the total payment amount of 198,000 won, monthly payment amount of 33,000 won, and installment period from June 1997 to November 1997 (six installments).

On the same day, the above court ordered C to pay 198,00 won and 25% interest per annum from the day following the service of the payment order to the day of full payment. The payment order was served on the Plaintiff on September 22, 2001, and was finalized on October 7, 2001.

After acquiring the above purchase price claim from C, the Defendant applied for grant of succession execution clause to this court, and the succeeding execution clause was served on the Plaintiff on March 28, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's claim for the completion of extinctive prescription as to the plaintiff's claim for the completion of extinctive prescription as to the whole argument of the pleadings, the extinctive prescription expires if it is not exercised for three years pursuant to Article 163 subparagraph 6 of the Civil Code

The claim for the price of the goods of this case was terminated before the application for the payment order of this case since November 1, 1997, since November 2000, even if the payment date of the last installment was based on the payment date of the goods of this case.

Unless there are special circumstances, compulsory execution based on the payment order of this case against the plaintiff of this case shall not be permitted.

The defendant's assertion is that the plaintiff paid 20,000 won out of the price of the goods on September 9, 1999, and agreed with the transferor C at 300,000 won on December 14, 2004, 30,000 won out of the price of the goods on September 16, 2008, and 30,000 won out of the price of the goods on October 5, 2008.