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(영문) 창원지방법원진주지원 2016.08.25 2016가단4927
전세보증금
Text

1. The instant lawsuit was filed on September 30, 2015 with the Changwon District Court Jinju Branch case No. 2015j 1361, the deposit money for the lease on a deposit basis.

Reasons

Basic Facts

The following facts are clearly revealed in the records:

On September 7, 2015, the Plaintiff filed an application against the Defendant for a payment order claiming the payment of the deposit, such as the purport of the claim, with this court 2015 tea1361, and the said payment order was issued on September 30, 2015.

On October 27, 2015, the original of the above payment order was served on the defendant himself at his domicile.

On June 21, 2016, the defendant raised an objection against the above payment order, while failing to comply with the objection period because the defendant's memory disorder caused by dementia symptoms in the due date Albimer's disease.

According to the facts seen earlier prior to the determination as to whether the Defendant’s objection is lawful, the original copy of the payment order was legally served on October 27, 2015, and the Defendant’s assertion constitutes a case where the party under Articles 470 and 173(1) of the Civil Procedure Act could not comply with the period for objection to the payment order due to a cause not attributable to the party under Articles 470 and 173(1) of the Civil Procedure Act, and thus, the Defendant’s objection to the subsequent completion

The lawsuit of this case was terminated on November 13, 2015 when the period of raising an objection against the above payment order was expired.

Therefore, the lawsuit of this case is dismissed by declaring that the above payment order has been terminated upon the confirmation of the above payment order, and the defendant's objection to the subsequent completion is dismissed.

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