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(영문) 울산지방법원 2018.01.09 2017가단14092

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and its determination

A. The plaintiff is the cause of the claim, and the defendant applied for compulsory execution based on the final judgment of the Ulsan District Court 2006Gau143172 against the plaintiff, such as requesting for the seizure and collection order of the claim under the same court 2017 Tai 8526. The plaintiff asserts that compulsory execution based on the above judgment should be dismissed since the ten years have elapsed from May 31, 2007 when the judgment became final and conclusive.

B. However, comprehensively taking account of the written evidence evidence Nos. 1 and 2, ① the fact that the principal debtor B partially repaid his/her obligation to the Defendant between August 28, 2013 and October 15, 2013, which was prior to the expiration of the extinctive prescription of the said judgment, and ② thereafter, B filed an application for bankruptcy and discharge including his/her obligation against the Defendant on January 13, 2014, respectively. In full view of the above recognized facts, the fact that the statute of limitations has not yet expired as of the date of the closing of argument in the instant case due to the interruption of the Defendant’s obligation based on the said final judgment is recognized.

2. The plaintiff's claim for conclusion cannot be accepted, and it is dismissed.