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(영문) 수원지방법원평택지원 2019.01.31 2018가단57566
청구이의
Text

1. The Defendant’s payment order for the acquisition money case against the Plaintiff is based on the payment order for the Suwon District Court Decision 2017Hu5034.

Reasons

1. Basic facts

A. On January 24, 2006, the Plaintiff prepared a letter to D, who operated C, that the amount of KRW 42,588,960 for the unpaid goods shall be paid in installments in an amount equivalent to 30% of the monthly amount (amount payable) on the 15th day of each month. On March 13, 2006, the Plaintiff issued a promissory note of the same amount (date of payment on July 30, 2006) and delivered it.

(hereinafter “instant claim”). (b)

D. The Defendant asserted that D and E are the married couple and their husband and wife, and the obligees against the Plaintiff. On October 30, 2017, D transferred the instant claim to the Defendant. On December 6, 2017, D sent the said notice of assignment to the Plaintiff by mail. The Plaintiff was served on December 6, 2017.

C. On December 26, 2017, the Defendant filed an application with the Plaintiff for the payment order of the above amount under this Court No. 2017 tea5034, Dec. 27, 2017, the said court issued a payment order to the Defendant on December 27, 2017, stating that “the Plaintiff shall pay to the Defendant 42,58,960 won and the amount calculated at the rate of 15% per annum from the day following the day when the original copy of the payment order was served to the day when the payment order was repaid” and the said payment order became final and conclusive on April 21, 2018.

(hereinafter “instant payment order”). D.

On May 23, 2018, based on the instant payment order, the Defendant was issued a seizure and collection order on the Plaintiff’s claim to return the lease deposit by the Incheon District Court 2018TTTT 509643, and on May 25, 2018, the foregoing written decision was served on the third obligor.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 3, Eul evidence 3, 4, 5, 7 (including provisional number), the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the period of extinctive prescription under the Bills of Exchange and Promissory Notes Act is applied to the instant claim as a promissory note bond, and the date of payment of a promissory note is July 30, 2006, and the date of application for the payment order of this case is recognized as of December 26, 2017 when three years have elapsed since the date of application for the payment order of this case was recognized as of December 26, 201

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