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(영문) 창원지방법원통영지원거제시법원 2016.04.28 2016가단15
청구이의
Text

1. The defendant's order for payment is based on the order for payment, which is issued by the Changwon District Court 2015 tea 1472, which was rendered by the defendant to the plaintiff.

Reasons

1. On March 3, 1998, the Defendant sold the instant book in installments to the Plaintiff. The Plaintiff did not pay the price on the wind that the seller refuses the Plaintiff’s request for return.

On September 2015, the Defendant filed an application against the Plaintiff for a payment order from the Changwon District Court 2015, the Seoul District Court 2015, and the payment order became final and conclusive around that time.

The above book price claim falls under the extinctive prescription under Article 163 subparagraph 6 of the Civil Code, and the prescription period is three years.

It is clear that the above payment order has been filed for at least 17 years after the date of sale, and the claim for the above book price has expired by prescription.

If bonds have become extinct, compulsory execution based on a payment order shall not be permitted.

2. Confession (Article 150 (1) and (3) of the Civil Procedure Act).

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