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(영문) 인천지방법원 2018.11.07 2018가단3419
청구이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs did not pay KRW 5,450,000 in total of the tuition fees for private teaching institutes from January 2016 to September 2016, as well as the tuition fees for the third quarter, and for further teaching materials.

B. Kinau was declared bankrupt on October 27, 2016 by Seoul Rehabilitation Court 2016Hahap119, and an attorney C was appointed as a bankruptcy trustee, and on June 22, 2017, Kinau transferred Kin’s tuition fee claim against the Plaintiffs (hereinafter “instant tuition fee claim”) to the Defendant.

C. On September 29, 2017, the Defendant filed an order with the Incheon District Court to pay the instant tuition fees claim with the Incheon District Court Decision 2017 tea26275, Oct. 16, 2017, the Defendant received a payment order (hereinafter “instant payment order”) stating that “The obligor (the Plaintiffs) jointly and severally against the obligee (the Defendant) shall pay 5,450,000 won per annum from the date following the delivery of the original copy of the instant payment order to the date of complete payment (hereinafter “the instant payment order”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion ① The defendant's claim for tuition fees of this case against the plaintiffs was already extinguished due to the completion of prescription before the payment order of this case becomes final and conclusive for a short term of one year, and thus the execution of the payment order of this case should be excluded

② The Defendant’s purchase of non-performing loans, the extinctive prescription of which was completed, and the claim for all of the claims is an excessive benefit and is in violation of the principle of prohibition of abuse of rights. Although the Defendant rendered a compulsory adjustment decision at the amount proposed by the Defendant in the instant court 2018 money67411, the Defendant’s filing of an objection

B. According to Article 164 of the Civil Act regarding the claim for the completion of the statute of limitations, “students” and “the statute of limitations.

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