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(영문) 서울중앙지방법원 2016.07.22 2016가단39604
청구이의
Text

1. The defendant's payment order against the plaintiff was issued by the Seoul Central District Court 2005 tea69503.

Reasons

According to the purport of Gap evidence Nos. 1 and Eul evidence Nos. 3 (including the provisional number) and the whole pleadings, the defendant filed an application against the plaintiff for a payment order against the plaintiff for the payment order of KRW 22,99,950,957, and damages for delay against KRW 3,962,189, among them. It can be acknowledged that the payment order issued as of January 26, 2006 became final and conclusive, and it is evident that the lawsuit of this case was filed on March 29, 2016.

Therefore, since the defendant's claim against the plaintiff was extinguished by prescription prior to the filing of the lawsuit in this case, the execution based on the payment order in the Seoul Central District Court 2005Da69503 was denied.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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