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(영문) 전주지방법원 군산지원 2018.08.14 2017가단7786
청구이의
Text

1. The Defendant’s original copy of the payment order with the force of the Jeonju District Court 2017J 2896 against the Plaintiff.

Reasons

1. On November 2, 2017, the Defendant requested the Plaintiff to issue a payment order against the Plaintiff on November 2, 2017, and the same month.

7. The debtor (the plaintiff of this case) is ordered to pay to the creditor (the defendant of this case) 680,000 won and 15% interest per annum from the day following the service of the original copy of the payment order to the day of complete payment. The fact that the above payment order became final and conclusive on December 14, 2017 does not conflict between the parties.

2. The plaintiff asserts that a compulsory execution based on the original copy of the above payment order should not be permitted, since the defendant has already filed a payment order on the ground of the claim for tuition fees of a private teaching institute for which one year has passed since the period of extinctive prescription was one year.

The short-term extinctive prescription period of one year as stipulated in Article 164 subparagraph 4 of the Civil Act shall apply to the claim which is the cause of the claim for the payment order filed by the defendant.

Meanwhile, there is no dispute between the parties on October 17, 2016 regarding the fact that the date when the Defendant exercised the above tuition fees against the Plaintiff is the date of final exercise of the above tuition fees.

However, it is clear that the above payment order was filed one year after the date of the last exercise of the above bonds.

Therefore, the plaintiff's assertion is justified.

3. If so, the claim of this case is reasonable, and it is so decided as per Disposition.

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