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(영문) 부산지방법원 2018.01.25 2017가단24850
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-4.

The defendant, who had engaged in the automobile parts sales business, etc. under the trade name of "C", received a payment order (hereinafter "the payment order of this case") from the above court on May 17, 2007 stating that "the plaintiff shall pay the plaintiff 1,710,270 won and 20% interest per annum from the day following the day on which the original copy of the payment order was served to the defendant to the day of complete payment, on the grounds that the defendant supplied the plaintiff with the goods such as the automobile parts, etc. to the plaintiff until December 19, 2006 and there remain 1,710,270 won out of the price." The payment order was delivered to the plaintiff on June 4, 2007, which became final and conclusive as is June 19, 2007.

B. On July 18, 2017, the Defendant filed an application for the attachment and collection order of the Plaintiff’s claim against Busan Bank, Busan Bank, and Nonghyup Bank Co., Ltd. as the Busan District Court Branch Branch Branch Order 2017TB, and received the attachment and collection order of the claim (hereinafter “instant claim attachment and collection order”) from the above court on August 4, 2017. This was served on the garnishee on August 3, 2017 and on the Plaintiff on August 23, 2017, respectively.

2. The assertion and judgment

A. The gist of the party’s assertion (1) After the decision of the Plaintiff’s payment order became final and conclusive, the ten-year statute of limitations has already expired before the Defendant applied for the seizure and collection order of the instant claim. As such, the Plaintiff’s obligation pursuant to the instant payment order was extinguished.

(2) After having issued a collection order, the Defendant recovered KRW 496,540 out of the amount of the claims by executing compulsory execution against the corporeal movables owned by the Plaintiff as Busan District Court 2007No6573 on July 19, 2007.

3.

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