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(영문) 수원지방법원여주지원양평군법원 2020.05.21 2020가단1006

청구이의

Text

1. The Defendant’s order of payment is based on the Defendant’s order of payment order, which was issued by the Suwon District Court in the Yang Jong-gun Branch Branch of the Seoul District Court.

Reasons

1. Indication of claim;

A. On July 2, 1998 to July 1, 2018, the Defendant filed an application with the Plaintiff for a payment order of KRW 1,252,440 with the Suwon District Court 2018Guj363 on November 23, 2018 to the effect that the Plaintiff entrusted the Defendant with the management of the cemetery buried in the deceased C. Upon receipt of the said application, the Defendant rendered a final and conclusive order on November 26, 2018: “The Plaintiff shall pay the Defendant 1,252,40 won and the amount of KRW 5% per annum from July 2, 2018 to January 3, 2019; and from January 4, 2019 to July 1, 2018, the payment order was 15% per annum from the date of full payment.”

B. However, the total management expenses up to July 1, 2015, KRW 964,440,00 was extinguished due to the completion of the statute of limitations on November 23, 2018, since the application for the instant payment order was made on November 23, 2018 after the expiration of the three-year statute of limitations.

C. Therefore, among compulsory execution based on the payment order under the written order under paragraph (1) against the Plaintiff, compulsory execution of the portion exceeding 288,000 won for management expenses from July 2, 2015 to July 1, 2018 and the amount exceeding 5% per annum from July 2, 2018 to January 3, 2019, and 15% per annum from January 4, 2019 to the date of full payment is not allowed.

2. Article 208 (3) 2 of the Civil Procedure Act, the main sentence of Article 150 (3) and Article 150 (1) of the applicable Act (a judgment made by deeming the applicant to be a foreigner);