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(영문) 서울북부지방법원 2020.11.19 2020가단121882
청구이의
Text

The defendant's compulsory execution against the plaintiff on February 6, 2020, based on the payment order of 2020 tea 5733 dated February 6, 2020.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiff acquired the claim against the Plaintiff (hereinafter “the instant claim”); and (b) the details thereof are as follows as of January 15, 2020; and (c) the Plaintiff has been in arrears until now, and therefore, (d) the Plaintiff is obliged to perform the obligation to pay the above amount to the Defendant.

-The first name of a loan company: The date of the transfer or acquisition of credit by credit card and card loan: June 30, 2003: On May 7, 2007, the date of the transfer or acquisition by transfer by transfer by transfer by transfer by transfer by transfer by transfer of credit: F (ownership) on May 8, 2007: The date of the transfer or acquisition by transfer by transfer by transfer by transfer by transfer by transfer by transfer by transfer of credit card: The date of the transfer or acquisition by transfer by transfer by transfer by transfer by transfer of credit card: The kind of credit card and credit card theory, etc. by transfer by transfer by transfer on January 25, 2019: 25% per annum: the principal of the debt by transfer by transfer,819, interest of 145 won: 79, 497, 4965 won: Total amount of debt by transfer by transfer by transfer by transfer by transfer by transfer by transfer, etc. by transfer by transfer by transfer of credit card:

A. On January 22, 2020, the Defendant filed an application for payment order with the Seoul Northern District Court 2020 tea 5733 against the Plaintiff by asserting the following:

B. On February 6, 2020, the above court issued a payment order stating that "the plaintiff shall pay to the defendant 9,613,625 won and 1,819,145 won with interest of 25% per annum from January 16, 2020 to the date of complete payment" (hereinafter "instant payment order"), and the original copy of the payment order was served on the plaintiff and confirmed on February 26, 2020.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that since the period of extinctive prescription had already been completed prior to the application for the payment order of this case, compulsory execution based on the above payment order should be rejected.

In cases of a final and conclusive payment order, the payment order shall be issued for the reasons for failure or invalidation, etc. which occurred before the issuance of the payment order with respect to the claim which became the cause of requesting the payment order.

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