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(영문) 수원지방법원용인시법원 2019.06.13 2018가단184

청구이의

Text

1. The plaintiff's order of payment with executory power against the defendant is based on the Suwon District Court of Suwon-si, 2012 tea and 2566.

Reasons

1. On September 11, 2002, the Plaintiff was granted a loan of one million won from C Co., Ltd., and the above C’s loan claims (hereinafter “the instant loan claims”) were transferred to E via D Co., Ltd., and E was issued a payment order decision by this court (the case number: Suwon District Court Decision 2012j. 2566), and the Defendant again received the instant loan claims.

However, the claim for the instant loan becomes extinct after the lapse of the extinctive prescription period of March 8, 2010, or on October 26, 2018, by the Plaintiff’s bankruptcy and immunity (case number: the Gwangju District Court Decision 2018Hau785, 2018Hau785, and 785) that the Plaintiff received from the Gwangju District Court on October 26, 2018, shall also affect the above loan claim. Therefore, the Plaintiff seeks a judgment as stated in the claim against the Defendant.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the judgment based on the recommendation of confession.