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(영문) 전주지방법원군산지원 2019.08.29 2019가단50784
청구이의
Text

1. The defendant's payment order for the loans of Jeonju District Court 2006Ra1501 against the plaintiff was due.

Reasons

1. The fact that the Defendant, upon expiration of the extinctive prescription period for enforcement bonds, applied to the Plaintiff for a payment order for a loan claim against Jeonju District Court Branching 2006 tea1501, which was served on the Plaintiff on June 8, 2006 and became final and conclusive on June 23, 2006 does not conflict between the parties, or recognized by the statement in Gap evidence 1.

However, it is clear that the period of June 23, 2016, which appears ten years from the date when the payment order was finalized to the maximum extent possible that the defendant had been able to exercise his claim against the plaintiff.

Therefore, since the extinctive prescription of the defendant's loan claim based on the above payment order has expired, compulsory execution based on the above payment order should not be permitted.

2. The plaintiff's claim for conclusion is reasonable, and the compulsory execution based on the above payment order shall be suspended ex officio until this judgment becomes final and conclusive.

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