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(영문) 전주지방법원군산지원익산시법원 2015.08.19 2015가단106
청구이의
Text

1. The Defendant’s claim against the Plaintiff for the purchase price of goods at the Jeonju District Court 2014 tea 2266, the Dasan District Court 2014.

Reasons

1. Basic facts (founded for recognition: Confession);

A. On August 13, 1998, the Defendant filed an application against the Plaintiff for a payment order against the Plaintiff for the purchase price of goods under the court No. 2014 tea2266, on the ground that he/she sold substitute sugar in bulk to the Plaintiff and was not paid the price. On February 12, 2015, the Defendant accepted the Defendant’s application and issued an order to pay the Plaintiff the payment order for delay damages of KRW 1,335,948 and KRW 318,000, which became final and conclusive on February 11, 2015.

B. The plaintiff did not purchase the above goods from the defendant, and even if the plaintiff purchased the above goods, three years have already passed since September 13, 1998, which was the final due date for payment of the above goods against the plaintiff.

2. According to the above facts, even if the defendant's claim for the price of goods against the plaintiff was not likely to occur, and even if it is not a domestic affairs, it shall be deemed that the extinctive prescription has expired after the lapse of three years from the final due date prior to the application for the above payment order, since it is apparent that it

3. If so, the above payment order is concluded, since there is no claim against the plaintiff against the plaintiff, or since it was issued after the prescription expires, the plaintiff's claim of this case seeking the exclusion of executive force is reasonable, and it is so decided as per Disposition.

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