청구이의
The plaintiff's claim is dismissed.
This Court is limited to April 3, 2020 with respect to cases of applying for the suspension of compulsory execution.
Facts of recognition
A. C. On November 13, 1997, the C.C. (hereinafter “C.”) set the due date for repayment of KRW 10 million to D on November 13, 1998 (hereinafter “instant loan”). The Plaintiff jointly and severally guaranteed D’s debt.
B. D did not repay the instant loan to the C Association upon the expiration of the due date.
Accordingly, C Union filed a lawsuit against D and the Plaintiff seeking the payment of the instant loan (this Court 2000 Ghana53192) in this Court and rendered a favorable judgment on April 12, 2000, and the said judgment became final and conclusive on May 13, 200.
C Partnership filed a lawsuit against the Plaintiff and D seeking the payment of the instant loan (this court 2010 Ghana77531) again against the Plaintiff on March 31, 2010 for the extension of the prescription period of the instant loan claims, and the said judgment became final and conclusive on April 29, 2010 with respect to the Plaintiff, and rendered a favorable judgment on June 1, 2010 with respect to D, and the said judgment became final and conclusive on June 22, 2010.
C. On December 12, 2013, the Defendant received the instant loan claims from C Cooperatives, and applied for a payment order seeking the payment of the instant loan from the Plaintiff and D with the instant court, and was issued a payment order on July 1, 2015 (hereinafter “instant payment order”).
The instant payment order was finalized on July 22, 2015 for the Plaintiff, and February 26, 2016 for D.
[Ground of recognition] Facts without dispute, entry of Eul's evidence 1 to 3, significant facts in this court, the purport of the whole pleadings
2. The Plaintiff asserted that the Defendant’s claim for the instant loan against D has expired, and thus, the Plaintiff’s joint and several liability was extinguished. However, according to the facts acknowledged earlier, prior to the expiration of the extinctive prescription of the instant loan claim, the extinctive prescription of the instant loan claim was suspended, since the Defendant’s claim for the instant loan claim became final and conclusive and conclusive prior to the expiration of the extinctive prescription of the instant loan claim, and its extinctive prescription was suspended.