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(영문) 서울북부지방법원 2015.05.08 2014가단36334
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 14, 2010, the Defendant filed a payment order with a limited liability company and received a payment order for 7,5760,000 won and its delay damages from the instant court (2010 tea5908) on October 1, 2010. The above payment order was finalized on October 22, 2010.

B. On December 17, 2010, the Defendant issued a collection order for the seizure and collection of claims against the claims based on the decision to recommend performance of the purchase price case No. 2009 Ghana 121690 (hereinafter “the decision to recommend performance of this case”) held against the Plaintiffs by the Jeju Alcoholic Beverages from this Court (2010TTT 26846) as the executive title of the said payment order.

C. On May 3, 2013, the Defendant issued a payment order (hereinafter “instant payment order”) to the Plaintiffs, which requested the payment order seeking the payment of the collection amount pursuant to the above bond seizure and collection order, and on May 14, 2013, the Defendant issued the payment order (hereinafter “instant payment order”), stating that “The Plaintiffs jointly and severally paid to the Defendant the amount of KRW 2,106,806 and the amount of KRW 1,262,70 per annum from January 1, 2013 to the date of full payment, with respect to KRW 20% per annum from January 1, 2013 to the date of full payment.” The instant payment order was finalized on August 3, 2013.

[Ground of recognition] Facts without dispute, entry of Eul in the evidence of Nos. 1 to 4 (including the provisional number) and the purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. According to Article 474 of the Civil Procedure Act of the defendant's assertion, since the final and conclusive payment order has the same effect as the final and conclusive judgment, the plaintiffs' claim disputing its validity is unlawful as long as the payment order in this case was

B. (1) Determination (1) Article 474 of the current Civil Procedure Act provides that “The final and conclusive payment order shall have the same effect as the final and conclusive judgment,” but Article 44 of the Civil Execution Act provides that the grounds for objection to the final and conclusive judgment shall be limited to the occurrence of a final and conclusive payment order (in the case of a judgment without holding any pleadings, subsequent

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