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(영문) 부산지방법원동부지원 2019.11.26 2019가단243
청구이의
Text

1. The defendant's payment order is based on the payment order for the goods payment case against the plaintiff of Busan District Court Branch 2018 tea 1056.

Reasons

1. Facts of recognition;

A. On November 25, 2008 and July 6, 2009, the Defendant sent to the Plaintiff a content-certified mail demanding the payment of KRW 8,433,841 in the balance of the components price. On July 25, 2009, with respect to the part-price obligation owed by the Plaintiff to the Defendant between the Plaintiff and the Plaintiff, the Plaintiff shall pay the Defendant an outstanding amount of KRW 8,433,841 in the amount, on condition that the Plaintiff shall pay KRW 100,000 per month in the amount of KRW 10,000 (hereinafter “the Agreement”).

) Formation was made.

B. On May 8, 2018, the Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 8,433,841 with this court (hereinafter “instant payment order”). This court ordered the Plaintiff (the Plaintiff) to pay KRW 8,433,841 to the obligee (the Plaintiff of this case) and the obligor (the Plaintiff of this case) the amount of KRW 8,43,841 with interest calculated at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment, and the said payment order was served on the Plaintiff on May 23, 2018 and finalized on June 8, 2018.

[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1, 3 through 6 evidence, Eul 2-1, 2-2, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff's assertion 1) The defendant's claim against the plaintiff (hereinafter "the claim of this case")

(2) Some of the instant claims were repaid. 2) Since the instant claims are claims for the purchase of goods, the extinctive prescription period of three years is applied, and the extinctive prescription period of the Plaintiff’s final repayment of the instant claims will resume from July 30, 2010.

However, since the Defendant applied for the instant payment order after the lapse of three years from that time, the extinctive prescription of the instant claim was completed.

B. The gist of the Defendant’s assertion 1) The Plaintiff did not fully repay the instant claim. 2) The instant claim is a claim based on the instant agreement, and thus the ten-year extinctive prescription period is applicable.

Therefore, at the time of the request for the instant payment order.

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