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(영문) 대구지방법원서부지원 2015.11.05 2015가단4096
청구이의
Text

1. There is no obligation based on the payment order issued by Seogu District Court Branch 2015j 40 against the Plaintiff.

Reasons

1. The Defendant indicating the claim was a joint and several surety at the time when the Plaintiff entered into a contract for installment financing with Samsung Card Co., Ltd.., and on July 20, 2005, the Plaintiff paid KRW 5,755,218 to the above Samsung Card on behalf of the Plaintiff, on the ground of the cause of the claim that the Plaintiff paid KRW 5,755,218, the payment order was issued on January 14, 2015 and the payment order was finalized around that time.

However, around that time, the plaintiff and the defendant decided to terminate the obligation by recovering the self-reader, and even if the obligation remains, the defendant's claim against the plaintiff is a real price claim for the goods, and the extinctive prescription has expired.

Therefore, the plaintiff does not bear the obligation under the above payment order against the defendant.

2. Applicable provisions of Acts: Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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