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(영문) 서울중앙지방법원 2016.06.08 2016가단5049385
양수금
Text

1. The instant lawsuit is a payment order issued on December 23, 2015 in Seoul Central District Court Decision 2015Hu292569.

Reasons

1. Records clearly recorded facts;

A. On November 19, 2015, the Plaintiff filed an application with the Defendant for a payment order seeking the payment of the acquisition amount, such as the purport of the claim, with the Seoul Central District Court 2015 tea 292569, and the said payment order was issued on December 23, 2015.

B. On January 29, 2016, the original of the above payment order was served on a person living together (spouse) at the defendant's domicile, and the defendant raised an objection against the payment order on February 16, 2016.

2. According to the above facts finding that the defendant's objection is lawful, the original copy of the above payment order is legally served on the spouse B living together at the defendant's domicile on January 29, 2016, and it is difficult to view that the defendant's objection to the payment order falls under a case where the party under Articles 470 and 173 (1) of the Civil Procedure Act is unable to comply with the objection period against the payment order due to a cause not attributable to the party under Articles 4

Therefore, the lawsuit of this case is dismissed in accordance with Article 471 (1) of the Civil Procedure Act, and the lawsuit of this case is terminated upon the settlement of the payment order of this case on February 13, 2016.

3. According to the conclusion, this case’s lawsuit is terminated upon the above payment order became final and conclusive, and the defendant’s objection to the subsequent completion is dismissed.

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