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(영문) 광주지방법원 2016.07.13 2016가단14299
청구이의
Text

1. The Defendant’s payment order based on the payment order for the goods payment case against the Plaintiff at the Gwangju District Court 201 tea 13467.

Reasons

1. Facts of recognition;

A. On October 18, 2003, the Plaintiff purchased 2 fee for health food from the Defendant in the amount of KRW 336,000, and paid the price in the amount of KRW 33,600 per month from November 15, 2003.

B. On November 5, 2003, the Plaintiff returned 1 sheet of health food, and did not pay 168,000 won for the remainder of the goods.

C. On November 17, 2011, the Defendant filed an application with the Plaintiff for a payment order claiming payment of goods with the Gwangju District Court 201 tea13467, and “the Plaintiff shall pay to the Defendant 168,000 won and damages for delay at the rate of 20% per annum from the next day of the delivery of the payment order to the full payment day” was issued on November 21, 201, which became final and conclusive on December 29, 2011.

(hereinafter referred to as “instant payment order”). [Ground of recognition] A without dispute, Gap 1 and 3 evidence

2. The Defendant’s claim for the price of goods against the Plaintiff at the expiration of the claim for the price of goods constitutes the price of goods sold by the merchants under Article 163 subparag. 6 of the Civil Act, and constitutes an installment payment claim under an installment contract under Article 15 of the Installment Transactions Act, and thus, the extinctive prescription of August 15, 2007, which was three years from August 15, 2004, the last installment payment due date, expired.

3. Since the payment order of this case was applied after the expiration of the extinctive prescription, compulsory execution based on the payment order of this case is not allowed.

The plaintiff's claim shall be accepted with due reason.

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