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(영문) 서울동부지방법원 2016.09.02 2016가단21378
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on January 19, 2016 by the Seoul Eastern District Court 2016 tea1076.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(1) The Defendant asserted that the Defendant received KRW 26,570,000,00 from Samsung Card Co., Ltd. and the Plaintiff prior to the receipt of the loan claim based on the card loan agreement on August 28, 2003, and the payment order based on the above claim was issued on January 19, 2016 and became final and conclusive on February 5, 2016. However, the above claim for the amount of the transfer was completed by five-year commercial extinctive prescription, and the Plaintiff cannot oppose the Plaintiff on the ground that the above credit transfer agreement cannot be asserted against the Plaintiff, as it did not receive any notice of legitimate assignment of the credit, compulsory execution based on the above payment order should not be allowed).2.2. Judgment without merit (Article 208(3)1 of the Civil Procedure Act)

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