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(영문) 청주지방법원 충주지원 2018.02.21 2017가단4181
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that there is no debt relationship with the Defendant, and even if there exists a existence, a compulsory execution based on the payment order stated in the purport of the claim should be dismissed.

B. In full view of the purport of the arguments in the evidence Nos. 1 through 7, the plaintiff joined as a member of the Liber Card on Jan. 20, 2003. The plaintiff purchased goods amounting to KRW 5,184,090 with the above card at the store of the identity of the corporation on Jan. 21, 2003. The identity of the corporation was issued an order to pay the above goods to the plaintiff as Jeonju District Court 2003 tea18479, and the above payment order was finalized on Aug. 12, 2003. Meanwhile, the plaintiff paid KRW 300,000 out of the above payment amount on Apr. 22, 2005. The claim against the plaintiff on the identity of the corporation was transferred to the defendant through the identity Mson corporation, the Dongju District Court 2011, and the defendant applied for the above order to pay the above goods to the plaintiff on Apr. 17, 2015.

According to the above facts, the plaintiff recognized that the defendant who is the transferee of the above goods-price claim or the defendant's successor bears the obligation to the defendant or the defendant's successor. Since the payment order stated in the purport of the claim becomes final and conclusive, the period of extinctive prescription has been extended to ten years, and the extinctive prescription of the above claim has not expired,

2. The plaintiff's claim for conclusion is dismissed for reasons.

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