청구이의
1. The Defendant’s payment order against the Plaintiff was based on the payment order for the goods payment case in Jeonju District Court Kim Jong-si, 201j528.
1. Facts of recognition;
A. On August 8, 2007, the Plaintiff agreed to set the learning log from C as KRW 45,000 per month for subscription fees and to be supplied for 24 months.
(hereinafter “instant agreement”). (b)
The Plaintiff paid only KRW 45,000 out of the total subscription fees of KRW 1,080,000 during the contract period.
C. C filed an order for payment (hereinafter “instant order for payment”) with this Court No. 201j528, Oct. 27, 2011, stating that the remainder of learning paper subscription fees and damages for delay that have not been paid to the Plaintiff was the total amount of KRW 1,135,000,000, and the payment order was issued as of October 27, 201, and was finalized on November 16, 201.
The defendant is C's successor.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) It was true that the Plaintiff applied for the purchase of learning papers to C and agreed on the instant agreement, but there was no receipt of learning papers after the Plaintiff requested the termination of the purchase contract before one month after the purchase. 2) Even if the Plaintiff was continuously supplied with learning papers.
Even if the payment obligation of this case is applied to the short-term extinctive prescription of three years as stipulated in Article 163 subparagraph 6 of the Civil Code, the obligation arising before three years retroactively from the date of application for the payment order of this case was extinguished by the Do of extinctive prescription.
B. Defendant’s assertion 1) The Plaintiff did not request the rescission of the instant agreement, and the Defendant (C) supplied all learning areas to the Plaintiff pursuant to the instant agreement. 2) The Plaintiff approved the obligation by requesting payment to the Defendant after the instant payment order became final and conclusive.
3. It is not enough to recognize that the Defendant (C) provided all learning sites to the Plaintiff for a period of 24 months under the instant agreement only with the materials submitted by the Defendant for judgment (the materials submitted by the Defendant are insufficient to believe that the materials submitted by the Defendant are unilaterally prepared by the Defendant).