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(영문) 전주지방법원 2018.09.12 2018가단16968
대여금 등
Text

1. The instant lawsuit is filed on May 9, 2018 with a payment order issued on May 27, 2018 in the instant case claiming a loan, etc. of this Court 2018 tea1075.

Reasons

1. Whether the objection against the payment order of this case is unlawful;

A. On May 8, 2018, the Plaintiff filed an application with the Defendant for a payment order claiming the return of the principal and interest of the loan derived from the purport of the claim, and this court rendered a payment order (2018 tea1075) with the content that the Plaintiff received the Plaintiff’s request on May 9, 2018. The original copy of the instant payment order was specially served on June 12, 2018 to the “C” that appears to be a person living together with the Defendant at the Defendant’s domicile on the Defendant’s resident registration, and on June 27, 2018, the Defendant submitted a written objection against the instant payment order to the instant court on June 27, 2018, which was two weeks after that date.

B. According to the facts acknowledged earlier, the original copy of the instant payment order shall be deemed to have been legally supplemented to the Defendant on June 12, 2018. In such a case, the completion date during which the Defendant may raise an objection against the instant payment order shall be deemed to be the end of June 26, 2018. The Defendant submitted a written objection against the instant payment order on the ground that only after June 27, 2018, “(the original copy of the instant payment order) was later delivered to the Defendant,” and thus, the Defendant’s objection is unlawful and it is difficult to supplement the defects.

2. Accordingly, in accordance with the conclusion, the termination of the instant lawsuit is declared and the Defendant’s objection against the instant payment order is dismissed.

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