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(영문) 서울서부지방법원 2016.06.15 2016가단3716
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was based on the Seoul Western District Court Decision 2015Hu77987.

Reasons

The Defendant, jointly and severally with B on June 21, 2002, claimed that the Plaintiff delayed repayment from January 1, 2003, and filed an application for a payment order with Seoul Western District Court 2015 tea7987 from the assignee status of the above loan claim. On December 10, 2015, the said court issued a payment order to the effect that “the Plaintiff shall pay to the Defendant KRW 16,472,645 among them, and KRW 2,987,912 among them, and delay damages therefrom,” and the said payment order was finalized on December 31, 2015.

(C) In the case of a final and conclusive payment order, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings). In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). Since it is apparent that the defendant's above application for the payment order was filed only after the lapse of five years from January 1, 2003 when the plaintiff lost the benefit of the deadline, it is apparent that the acquisition money claim of the defendant's assertion has expired due to the completion of its extinction.

If so, it is necessary to deny compulsory execution based on the payment order in the Seoul Western District Court Decision 2015Hu77987 against the plaintiff, so it is so decided as per Disposition.

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