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(영문) 전주지방법원군산지원익산시법원 2015.08.19 2015가단90
청구이의
Text

1. The Defendant’s claim against the Plaintiff for the purchase price of goods at the Jeonju District Court 2014 tea 2241, the Dasan District Court 2014.

Reasons

1. Basic facts (founded for recognition: Confession);

A. On April 2, 2002, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff for the purchase price of goods under this Court No. 2014 tea2241 on the ground that he/she sold global X-ray in installments and was not paid the price. On December 17, 2014, the Defendant accepted the Defendant’s application and issued an order to pay the Plaintiff the payment order for delay damages of KRW 2,359,69,693 and 680,000 among the KRW 2,359,693 and the damages for delay, which became final and conclusive on January 24, 2015.

B. The plaintiff did not purchase or receive the above goods from the defendant, and even if the defendant purchased domestic goods, three years have already passed since October 2, 2002, which was the final due date for payment of the above goods.

2. According to the above facts, even if the defendant's claim for the price of goods against the plaintiff was not likely to occur, and even if it is not a domestic affairs, it shall be deemed that the extinctive prescription has expired after the lapse of three years from the final due date prior to the application for the above payment order, since it is apparent that it

3. If so, the above payment order is concluded, since there is no claim against the plaintiff against the plaintiff, or since it was issued after the prescription expires, the plaintiff's claim of this case seeking the exclusion of executive force is reasonable, and it is so decided as per Disposition.

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