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(영문) 창원지방법원진주지원하동군법원 2017.11.24 2017가단17
청구이의
Text

1. The Defendant’s purchase price of goods against the Plaintiff at the Changwon District Court, Jinwon District Court, Jinwon District Court, 2015 tea 24.

Reasons

According to the records, around March 6, 2015, the defendant filed an application with the defendant for a payment order of KRW 1,252,631, and the payment order became final and conclusive around that time. The defendant filed an application for a payment order of KRW 1,252,631 and delay damages for the remainder of KRW 1,252,631, although the plaintiff entered into a contract with the defendant for membership of learning materials and received a 3,389,40 points of learning from around June 2009.

Meanwhile, according to the above facts, the defendant's claim for the price of goods against the plaintiff is subject to the short-term extinctive prescription of three years, and the period of such extinctive prescription will begin on June 18, 2010, which is the last payment date of the plaintiff's last goods (no dispute is raised against the defendant regarding the fact that the payment date of goods is June 18, 2010). The date of the application for the payment order of this case is March 6, 2015, for which three years have passed thereafter, the extinctive prescription of the defendant's claim for the price of goods against the plaintiff was completed.

Therefore, the defendant's compulsory execution based on the above payment order against the plaintiff should be rejected, and thus, the plaintiff's claim is accepted.

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