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(영문) 대전지방법원 논산지원 2021.02.18 2020가단2505
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded a card issuance contract with Nonparty C Bank, D Card, E Card, F Card, and used the card, but did not pay the user fee, and the Plaintiff started arrears from August 23, 2001.

B. On October 24, 2003, each of the above financial institutions transferred the credit card use payment claim against the Plaintiff to the Defendant. The Defendant filed an application with the Plaintiff for a payment order of transfer payment order under the Daejeon District Court Decision 2006 tea 2658 on the ground of the credit card use payment claim, and the above payment order case was proceeded with the lawsuit No. 50086, the lawsuit No. 2006, Nov. 23, 2006, and became final and conclusive by the Defendant’s winning judgment.

(c)

On September 20, 2016, the Defendant applied for the payment order (the instant payment order) for the acquisition of the gold (the instant payment order) on September 20, 2016 to extend the prescription period upon the arrival of the said acquisition period. The said payment order was served on the Plaintiff on October 4, 2016, and became final and conclusive on October 19, 2016.

(d)

On November 23, 2020, the defendant applied for a seizure and collection order against the plaintiff's deposit claim under the Daejeon District Court's branch court's 2020, and the above court decided to order the seizure and collection order of the claim on November 23, 2020.

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 to 5, the purport of the whole pleadings

2. As to the plaintiff's assertion, the plaintiff asserts that the defendant's claim against the plaintiff shall be the credit card payment claim that occurred in the year 2000, and since the above claim has already expired, compulsory execution based on the payment order of this case shall not be allowed.

As seen earlier, the Defendant filed an application against the Plaintiff for a payment order of acquisition money with the Daejeon District Court Branch Branch 2006 tea 2658, and the above payment order case was initiated and finalized on November 23, 2006 by a favorable judgment of the Defendant, and the Defendant, upon the arrival of the prescription period of the above payment order, filed on September 20, 2016 for the extension of the prescription period.

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