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1. The Defendant’s payment order for the Plaintiff was based on the payment order for the acquisition money in the Gwangju District Court Decision 2015Hu602.
Reasons
1. Indication of claim;
A. The Defendant’s judgment against the Plaintiff becomes final and conclusive on the acquisition amount of the 2015 tea 602.
B. However, the Plaintiff already repaid the amount of goods indicated in the above final judgment to the Defendant before 10 years ago and the claim has become extinct.
(100,000 won per month) Nevertheless, other than the applicant B was included in the situation where the seizure of claims is carried out by transferring the bonds to one loan corporation and requiring double payment.
C. In addition, the claim of this case was purchased from Nonparty B on April 30, 1997 under the payment order, and it was a claim corresponding to the short-term extinctive prescription period of Article 163 of the Civil Act three years. The time of the occurrence of the claim was April 30, 1997. Since the time when the Defendant applied for the payment order against the Plaintiff on March 26, 2015, the Defendant had already expired.
Nevertheless, since the defendant started compulsory execution against the plaintiff's deposit claim, it has the honor to accept the claim of this case in order to seek non-permission of compulsory execution based on the above order.
2. Grounds: Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);