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(영문) 광주지방법원 2016.03.22 2015가단48127
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is enforced based on the payment order dated June 30, 2003 by the Gwangju District Court (2003 tea9526).

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged by adding together the whole purport of the pleadings to the entries in Gap evidence No. 1.

C Around June 30, 2003, the Gwangju District Court issued a payment order against the Plaintiff to the effect that “The Plaintiff shall pay KRW 5,131,000 and delay damages therefrom” was paid by the said court on June 30, 2003.

7. 30. The above payment order was finalized.

B. On October 1, 2015, the Defendant acquired the claim against C from C under the above payment order against C, and the same month.

8. The successor execution clause regarding the above payment order was granted.

2. According to the above facts acknowledged, the plaintiff's obligation based on the above payment order has become extinctive prescription on July 30, 2013, where ten years elapsed since July 30, 2003, for which the above payment order became final and conclusive.

In regard to this, the defendant asserts to the effect that the period of extinctive prescription has been interrupted by paying each of the above amounts of KRW 1,00,000 on September 5, 2005, KRW 500,000 on November 18, 200 on the same year, KRW 400,000 on December 23, 200 on the same year, and KRW 20,000 on April 3, 206, but there is no evidence to acknowledge this, the defendant's above assertion has no merit.

Therefore, compulsory execution based on the above payment order can not be permitted.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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