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(영문) 서울중앙지방법원 2018.07.05 2018가단10089

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 19, 2014, the Defendant filed an application with the Seoul Central District Court for a payment order of KRW 7,437,00 with the Plaintiff and KRW 2,300,000 with the rate of 20% per annum from the day following the day of service of the payment order to the day of full payment.

On May 20, 2014, the above court issued the above payment order and served the original copy on the Plaintiff on June 9, 2014, and the order became final and conclusive on June 24, 2014 without the Plaintiff’s objection within the prescribed period.

B. On the basis of the original copy of the above finalized payment order, the Defendant filed a claim for entry in the defaulters’ list against the Plaintiff as the Youngju District Court Branch 2018Kadan1001, and the said court rendered a decision on January 26, 2018 and served the Plaintiff with the decision.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 2 evidence (including additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The plaintiff's claim that the payment order of this case has become final and conclusive but has no res judicata effect, and the plaintiff's claim against the plaintiff is a credit card user's claim that the plaintiff requested in the application for the payment order of this case was issued by the Choung Bank Co., Ltd., and since the plaintiff's claim against the plaintiff is a commercial claim, the extinctive prescription has expired on December 12, 2006, which was five years from the date of delinquency, and the defendant received the above extinguished claim on March 27, 2009, which was later, on the same claim before the defendant's application for the payment order of this case, the defendant's claim for the payment order of this case does not exist.