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(영문) 서울북부지방법원 2021.01.07 2020가단11985
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 23, 2009, D Co., Ltd. filed a lawsuit against the Plaintiff as Seoul Central District Court 2009 Ghana 1673188 against the Plaintiff.

On September 4, 2009, the above court rendered a judgment against the plaintiff on September 4, 2009 that ordered the plaintiff to pay damages for delay calculated at the rate of 24% per annum from April 16, 2009 to the date of full payment (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive on September 30, 2009 (hereinafter "claim of this case"). The claim of this case was final and conclusive on September 30, 2009 (hereinafter "claim of this case"). Accordingly, the claim of this case was transferred to the defendant through the limited company of this case.

On August 12, 2019, the Defendant filed an application against the Plaintiff for a payment order seeking payment of the instant claim with the court from 2019th to 83931, and on August 14, 2019, the court issued a payment order ordering the Plaintiff to pay damages for delay calculated at the rate of 24% per annum from July 13, 2019 to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on September 6, 2019 as it becomes final and conclusive on September 6, 2019.

[Grounds for recognition] Evidence No. 1, Eul No. 1, and the purport of the whole pleading

2. The plaintiff's assertion that compulsory execution based on the payment order of this case should be denied for the following reasons.

A. The first creditor of the instant claim is F Co., Ltd., and the Plaintiff did not use credit cards issued by F Co., Ltd.

In the past, there is an entry that another person causes debt in the name of the plaintiff, which was fully repaid.

B. A credit card-price claim is a five-year prescription period that expires with a product-price claim.

Accordingly, credit card payment claims against the plaintiff of FF corporation, the first creditor, were incurred before 2003, and the payment order of this case was around 2019 when five years passed from that time.

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