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(영문) 대구지방법원안동지원 2015.04.27 2014가단6350

청구이의

Text

1. The Defendant’s payment order against the Plaintiff is based on the executory order of the purchase price case No. 2012, 1098.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 and arguments as to the cause of the claim, the defendant, on April 23, 1993, alleged that the plaintiff sold Kink Ginseng (Health Subsidies) to the plaintiff on April 23, 1993, but the plaintiff did not pay KRW 398,000, the above purchase price and sale price were 24% per annum from July 7, 1993 to September 3, 2012, and the above sale price were 1,831,629 won, total 229,629 won (39,000 won + 1,831,629 won + 398,000 won, and the above sale order was 60,000 won after the lapse of 80,000 won, and the defendant asserted that the above sale order was invalid after the expiration of the period of 30,000 won for the above sale of the goods (hereinafter referred to as "this case").

Therefore, compulsory execution based on the payment order of this case under the premise that the defendant has a claim for the purchase price of goods against the plaintiff should be dismissed.

Although the defendant asserts that the plaintiff renounced the statute of limitations interest such as promising repayment after the payment order of this case became final and conclusive, there is no evidence to acknowledge this.

2. The conclusion is that the claim of this case is reasonable, and it is so decided as per Disposition.