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(영문) 전주지방법원군산지원익산시법원 2019.04.09 2018가단77

청구이의

Text

1. The defendant's judgment of Jeonju District Court of the Republic of Korea is the next District Court of 2015 tea 1474.

Reasons

1. On August 21, 2015, the Defendant asserted that, upon filing an application with the Plaintiff for a payment order with the Jeonju District Court 2015 tea1474, the Defendant acquired the claim against the Plaintiff for the amount of KRW 600,000 against the Plaintiff.

On August 28, 2015, the above court issued a payment order under Paragraph 1 of the main text stating that “the plaintiff shall pay 600,000 won to the defendant and its delay damages.” The above payment order was finalized on January 1, 2016.

However, the Plaintiff did not purchase goods from C, and even if so, even if so, the claim for the price of goods was terminated by the short-term extinctive prescription period of three years as stipulated in Article 163 subparag. 6 of the Civil Code prior to filing an application for the above payment order.

Therefore, compulsory execution based on the above payment order should not be allowed.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);