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1. The Defendant’s payment order against the Plaintiff is issued on July 24, 2012, Jeonwon-si District Court, Jeonwon-si.
Reasons
The Defendant filed an application against the Plaintiff for a payment order claiming the principal of the purchase price of KRW 356,00,000 and the delayed payment damages therefor, which was determined on August 11, 2012 by the Suwon District Court, 201.
(Evidence A No. 1). The defendant, the creditor, is responsible for proving the cause of the claim in the lawsuit of objection against the finalized payment order.
(Supreme Court Decision 2010Da12852 Decided June 24, 2010, etc.). In this case, the Defendant asserted that, after acquiring a claim, such as the purchase price, which was finalized by a payment order issued by the Seoul Southern District Court 2005Da10249 from a creditor against the Plaintiff, the Defendant applied for the payment order issued by the Seoul Southern District Court 2012 tea1471 for the interruption of the extinctive prescription, however, there is no evidence to acknowledge that the Defendant had effectively acquired the claim of this case against the Plaintiff from C.
Therefore, the compulsory execution based on the above payment order should not be permitted, so the plaintiff's claim of this case is justified.