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(영문) 의정부지방법원남양주시법원 2016.11.17 2016가단183
청구이의
Text

1. The Defendant’s order for payment against the Plaintiff is issued on November 20, 2014, 2014.

Reasons

1. Basic facts

A. On February 3, 1995, the Plaintiff purchased C from the Defendant in KRW 298,00.

B. On November 18, 2014, the Defendant applied for a payment order with respect to the Plaintiff, and issued a payment order (hereinafter “instant payment order”) on November 20, 2014, stating that “The Plaintiff shall pay KRW 1,463,058 and 298,000 per annum to the Defendant at a rate of 20% from the day after the original copy of the instant payment order was served to the day of complete payment (hereinafter “instant payment order”).

C. The instant payment order was served on November 26, 2014. However, as the Plaintiff did not raise an objection within two weeks, it became final and conclusive on December 11, 2014.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The plaintiff asserted that the defendant's claim for the purchase price of goods has expired due to the lapse of the commercial prescription period. Thus, according to the above facts, since February 3, 1995, the payment order of this case was applied since five years after the expiration of the commercial prescription period, the defendant's claim for the purchase price of goods was extinguished due to the expiration of the prescription period.

3. According to the conclusion, compulsory execution based on the instant payment order should be rejected, and thus, the Plaintiff’s claim is accepted.

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