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(영문) 대전지방법원 논산지원 2018.11.15 2018가단1745
청구이의
Text

1. The Defendant’s order based on the payment order for the Daejeon District Court case No. 201Hu552 against the Plaintiff.

Reasons

Description of Claim

On May 30, 201, the defendant filed an application with the plaintiff for a payment order under the Daejeon District Court Branch Branch of the Daejeon District Court (Seoul District Court Branch of the Supreme Court) No. 201552, the plaintiff purchased health food equivalent to KRW 1.4 million from the defendant on July 30, 1997, and claimed that the payment period was set on May 30, 1998.

Accordingly, on June 8, 2011, the above court issued a payment order stipulated in Paragraph 1 of the disposition that the Plaintiff would pay 1.4 million won and damages for delay to the Defendant, and the above payment order was finalized on August 23, 2011.

However, the Plaintiff did not purchase health food as above from the Defendant, and even if so, even if so, the claim for the price of goods was extinguished with the short-term extinctive prescription period of three years under Article 163 subparag. 6 of the Civil Act prior to filing an application for the above payment order.

Therefore, compulsory execution based on the above payment order should not be allowed.

Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

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