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(영문) 서울중앙지방법원 2020.10.29 2020가단5189525
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2013Hu81405.

Reasons

Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 4, C limited liability company applied against the defendant on April 17, 2013 for a payment order for credit card payment obligations or loan obligations transferred from D on July 4, 2005 (Seoul Central District Court Decision 2013Da8140), and on April 22, 2013, the above payment order was decided on June 22, 2013 by the above court (hereinafter "instant payment order"), and it is recognized that the defendant received a claim for the amount of money transferred under the instant payment order.

According to the above facts, credit card payments or loans against the plaintiff of corporation D were incurred at least before July 4, 2005, and even if the date of commencement of July 4, 2005, which is the date of assignment of claims, was the date of the application for the payment order of this case, it is apparent that five years have elapsed since April 17, 2013, which is the date of application for the payment order of this case.

Therefore, since a claim for the amount to be received under the payment order of this case has expired by the expiration of the extinctive prescription, compulsory execution based on the payment order of this case should be denied.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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