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(영문) 수원지방법원여주지원이천시법원 2019.05.02 2018가단34

청구이의

Text

1. The defendant's branch court of Suwon District Court 2014J2487 case against the plaintiff is the purchase price of goods.

Reasons

1. Indication of claim;

A. On December 28, 1992, the Defendant: (a) purchased teaching materials from the Defendant for KRW 450,00,000; (b) agreed that the date of completion of payment was one-month from January 28, 1993; (c) filed an application with this court for an order to pay the price for goods under Section 2487, the Plaintiff asserted that the payment of the above goods was not made; and (d) on November 17, 2014, the Plaintiff received an order to pay the Defendant 2,360,712 and KRW 450,000 annually from the day following the delivery of the original payment order to the day of full payment; and (e) the above payment order became final and conclusive around that time.

B. However, the Plaintiff returned the said goods to the Defendant after having exchanged with the female employees of the Defendant Company, and even if so, the Defendant was not required to return the said goods.

Even if the above claim for the price of goods has expired after the expiration of the extinctive prescription, compulsory execution based on the above payment order cannot be allowed.

2. Judgment by the legal fiction of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);