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(영문) 수원지방법원 안양지원 2018.08.29 2018가단6271
대여금
Text

1. The instant lawsuit is an order for payment issued on March 26, 2018 in Suwon District Court Decision 2018 tea 429 loan cases.

Reasons

On March 26, 2018, the court issued a payment order (hereinafter “instant payment order”) stating that “the Defendant shall pay the Plaintiff 35 million won and 5% interest per annum from March 15, 2015 to the delivery date of the original copy of the instant payment order, 15% interest per annum from March 15, 2015 to the delivery date of the original copy of the instant payment order” against the Defendant. The above payment order was served on May 10, 2018 with the Defendant’s family member and his child, and the Defendant’s objection against the said payment order was served to the said court on May 25, 2018. It is clear in the record that the original copy of the payment order was served on May 25, 2018.

According to the above facts of recognition, the service of the original of the instant payment order to C is lawful as a supplementary service to the Defendant under Article 186(1) of the Civil Procedure Act. As such, the instant payment order is unlawful as the period of two weeks elapsed from the date of service to the date of service, which became final and conclusive May 24, 2018, and the Defendant’s objection that arrives after the final and conclusive period of objection is excessive.

Therefore, the conclusion of the lawsuit in this case is declared, and the defendant's objection is dismissed. It is so decided as per Disposition.

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