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(영문) 의정부지방법원고양지원 2016.05.12 2015가단90881
청구이의
Text

1. The Defendant’s order of payment order (No. 2014j2484) against the Plaintiff was issued on July 18, 2014.

Reasons

1. Basic facts

A. On March 12, 1993, the Plaintiff issued and delivered a promissory note with a face value of KRW 3,000,000 to secure the payment of automobile installment according to the automobile sales contract of the Daewoo Automobile Sales Company.

B. On September 1, 2003, Daewoo Motor Sales Co., Ltd. transferred the above installment payment claim (the total of KRW 1,320,387, overdue interest, KRW 3,419,720, and KRW 66,06,167, and the legal measure cost of KRW 4,806,167) to the Defendant on October 31, 2012. The Daewoo Motor Sales Co., Ltd transferred the above installment payment claim (the total of KRW 1,320,387, KRW 6,288,252, the total of KRW 7,608,639) to the Defendant.

C. The Plaintiff’s spouse B, on March 20, 2014, is required to reduce the Plaintiff’s spouse’s payment of KRW 1,400,000 in total for seven months from April 25, 2014 to the account under the Defendant’s name, with respect to KRW 6,724,956, out of the balance of the above installment claim to the Defendant on April 20, 2014.

was prepared and submitted. D.

The Defendant filed an application against the Plaintiff and B for the payment order of the installment payment claim that he received as above (2014 tea2484) and the original copy of the above payment order was served on July 28, 2014, and on August 12, 2014, the payment order was finalized to the effect that “The Plaintiff and B jointly and severally agreed with the Defendant for KRW 6,724,956 and double KRW 1,320,387, with respect to KRW 6,724,956 and KRW 1,320,387 each year from the day following the delivery of the original copy of the payment order to the date of full payment order

(hereinafter referred to as “instant payment order”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings.

2. The fact that the claim for the installment payment as to the cause of the claim was extinguished due to the expiration of the extinctive prescription period on March 12, 1998 after five years from March 12, 1993, and around March 12, 1998, is not a dispute between the parties. Thus, barring any special circumstance, the defendant's compulsory execution based on the above payment order should be

3. Judgment on the defendant's assertion

(a) Summary of reduction and exemption;

Note.....

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