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(영문) 부산지방법원 2016.07.22 2016가단17695
청구이의
Text

1. The defendant's compulsory execution against the plaintiff in Busan District Court 2013 Before 29525 against the plaintiff was made based on the payment order.

Reasons

1. Indication of claim;

A. The Defendant asserted that Nonparty B’s transfer of the purchase price claim of KRW 348,00 against Nonparty B on January 28, 2002 against the Plaintiff, and received the Busan District Court Decision 2013 tea29525, which ordered the Plaintiff to pay the purchase price of the goods and delay damages to the Defendant, and the above payment order was finalized as it is.

B. However, at the time of the above payment order, the short-term extinctive prescription under Article 163 subparagraph 6 of the Civil Code or the commercial extinctive prescription under Article 64 of the Commercial Code has already been completed.

C. Therefore, compulsory execution based on the above payment order against the plaintiff should not be allowed.

2. Judgment without holding any pleadings on the ground of recognition (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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