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(영문) 수원지방법원여주지원이천시법원 2019.11.07 2019가단50029
청구이의
Text

1. On November 17, 2014, the Suwon District Court of Leecheon-si, the defendant's branch court of Sucheon-si with respect to the plaintiff, 2014, the second half of 2487.

Reasons

1. On December 28, 1992, the Defendant: (a) sold the Plaintiff with an agreement to pay KRW 450,000 with the teaching materials for KRW 450,00; (b) however, the Defendant urged the Plaintiff to pay two or more installments from January 29, 1993 to May 4, 1993; (c) on the ground that the Plaintiff did not pay the amount of KRW 450,00 with the teaching materials payment claim; and (d) on the ground that the Defendant did not demand the Plaintiff to pay the amount of KRW 450,00 with delay damages; (d) on October 27, 2014, the Defendant filed an application for the payment order with the Suwon District Court Decision 2014Da24877, Jun. 27, 2014; and (e) on November 17, 2014, the Plaintiff issued the payment order with KRW 2,360,712,450,000.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The extinctive prescription period of the Defendant’s claim against the Plaintiff for the teaching material price claim of this case is three years (Article 163 subparag. 6 of the Civil Act). Since the application for the payment order of this case was filed after three-year extinctive prescription period from the due date, the above claim for the goods price had already expired.

Therefore, compulsory execution based on the payment order under Paragraph 1 of the defendant's order against the plaintiff is not allowed.

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