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(영문) 의정부지방법원남양주시법원 2020.01.23 2019가단221
청구이의
Text

1. The Defendant’s payment order for the purchase price for the purchase-sale case is based on the payment order for the Namyang-si District Court 2010j.8.

Reasons

Since a payment order has become final and conclusive and conclusive, in a lawsuit of demurrer against a claim for a final and conclusive payment order, the failure of the claim prior to the decision of performance recommendation is also a ground for objection, and in this case, the burden of proving the existence or establishment of the claim is against the defendant in the lawsuit of objection against the claim.

On July 31, 1999, the Defendant filed a learning application with the Plaintiff for a total of KRW 936,000 per month for 52,00 for 18 months, and paid KRW 532,00,000. Of which, the Defendant applied for a payment order for unpaid bonds under the jurisdiction of the Republic of Korea District Court 2010 tea8, the Defendant received the payment order (hereinafter “instant payment order”) from the above court on January 12, 2010. Although the instant payment order became final and conclusive on September 6, 202, the Defendant’s claim against the Plaintiff (hereinafter “instant claim”) against the Plaintiff, which was the cause of the instant payment order, has become null and void due to the lapse of the extinctive prescription period, barring any special circumstances. Therefore, compulsory execution based on the Defendant’s payment order against the Plaintiff, should be denied.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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