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(영문) 인천지방법원 2019.06.19 2019가단204097
보증채무금
Text

1. The instant lawsuit is an order for payment issued on April 4, 2018 in the instant case involving the guaranteed debt of the court 2018 teas.

Reasons

1. The Plaintiff filed an application with the Defendant for a payment order claiming the payment of guaranteed debts under the Incheon District Court Decision 2018 teab8510. On April 4, 2018, the above court rendered a payment order (hereinafter “instant payment order”) with the purport that “the Defendant shall pay the Plaintiff the amount calculated at the rate of 15% per annum from the day after the original copy of the instant payment order was served to the day of complete payment, and the expenses for demand procedure, calculated at the rate of 15% per annum from the day after the original copy of the instant payment order was served to the day of complete payment.” The Defendant, as the president of the C corporation, was operating the said corporation. The Defendant’s name was written “Seoul-gu D” at the address of the Seoul branch office of the said company. The original copy of the instant payment order was served to the above address, and the Defendant did not raise an objection against the instant payment order after the subsequent completion of payment order on April 25, 2018.

2. We examine whether the Defendant’s objection against the instant payment order was legitimate after the subsequent completion of December 14, 2018.

The payment order shall be determined with the limit of the period of objection unless the debtor raises a legitimate objection within two weeks from the date of receipt of the payment order (Article 470 of the Civil Procedure Act). According to the above facts, the lawsuit of this case was terminated on May 10, 2018 after the lapse of two weeks from the date of delivery of the original copy of the payment order to the defendant, barring special circumstances.

As to this, the defendant was unable to receive the original copy of the instant payment order by working at the construction site of Pyeongtaek long-term local area, and it was also delivered by the defendant's employees.

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