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(영문) 전주지방법원군산지원익산시법원 2015.08.19 2015가단113

청구이의

Text

1. The Defendant’s claim for the purchase of goods against the Plaintiff by the Jeonju District Court of the Republic of Korea, the Seoul High Court of the Republic of Korea, 2015 tea 505.

Reasons

1. Basic facts (founded for recognition: Confession);

A. On November 13, 1993, the Defendant filed an application against the Plaintiff for a payment order for the purchase price of goods with the competent court No. 2015 tea505 on the ground that he/she sold the Gung Ginseng in the installments to the Plaintiff and was not paid the purchase price. On March 23, 2015, the instant court accepted the Defendant’s application on March 23, 2015, and issued an order for the payment order for delay damages of KRW 1,388,614 and KRW 270,000 among the Plaintiff, which became final and conclusive on April 23, 2015.

B. The plaintiff did not purchase the above goods from the defendant, and even if the plaintiff purchased the above goods, three years have already passed since August 20, 1994, which was the final due date for payment of the above goods against the plaintiff.

2. According to the above facts, even if the defendant's claim for the price of goods against the plaintiff was not likely to occur, and even if it is not a domestic affairs, it shall be deemed that the extinctive prescription has expired after the lapse of three years from the final due date prior to the application for the above payment order, since it is apparent that it

3. If so, the above payment order is concluded, since there is no claim against the plaintiff against the plaintiff, or since it was issued after the prescription expires, the plaintiff's claim of this case seeking the exclusion of executive force is reasonable, and it is so decided as per Disposition.