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(영문) 서울중앙지방법원 2020.12.11 2020가단18772
청구이의의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. In the absence of dispute, the Plaintiff borrowed KRW 5,00,000 from the Defendant on September 26, 2008; the Defendant applied for a payment order with the Plaintiff on July 30, 2019 to the effect that the payment order issued on August 7, 2019 became final and conclusive on August 27, 2019.

2. Where the Plaintiff claims that the Defendant’s claim was not established in a lawsuit claiming objection against the payment order for which the assertion and judgment became final and conclusive, the Plaintiff is liable to prove the cause of the claim to the Defendant, and where the Plaintiff claims facts constituting a cause for disability or extinction of the right, such as the invalidity or extinguishment of the claim due to false declaration of conspiracy, etc.

(See Supreme Court Decision 2010Da12852 Decided June 24, 2010, etc.). The Plaintiff asserted that compulsory execution based on a payment order should be denied, but according to the evidence No. 1 (Additional Agreement for Modification of Terms and Conditions for Credit Transactions), the Plaintiff and the Defendant changed the date of loan to August 4, 2014 only as of July 2, 2014, and the above payment order was filed on July 20, 2019, the period of extinctive prescription of the loan obligation was five years or less, and the Plaintiff’s assertion that the said payment order expired prior to the application for payment order was groundless.

3. Accordingly, the plaintiff's claim is without merit.

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