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(영문) 서울서부지방법원 2015.05.28 2015가단1294

청구이의

Text

1. The defendant's succession execution of the payment order against the plaintiff by the Seoul Western District Court on October 24, 2007 is based on the succession execution of the payment order by 2007 tea1318 dated October 24, 2007.

Reasons

1. Facts of recognition;

A. On December 30, 1999, Japan Bank transferred loans and credit card payment bonds (hereinafter “instant bonds”) issued on November 6, 1997, which it held against the Plaintiff, to the Korea Finance Corporation on March 3, 1997. On December 19, 199, the Korea Finance Corporation transferred the instant bonds to the Korea Finance Corporation. On December 19, 200, the Korea Finance Corporation made an application against the Plaintiff on December 19, 207, for the Seoul District Court’s order on December 19, 200, the Korea Finance Corporation transferred the instant bonds to the Korea Finance Corporation (hereinafter “the instant bonds”). On December 12, 2003, the Korea Finance Corporation made a final decision against the Plaintiff on July 13, 2007, the Korea Finance Corporation made a final decision against the Plaintiff on December 14, 2007.

B. On June 14, 2010, the Defendant received the instant claim from plunits deposit.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Plaintiff lost the benefit of time by failing to pay the principal and interest of the instant claim before December 30, 1999.

As such, the statute of limitations shall commence from the time when the benefit of time has been lost, and the statute of limitations shall be five years as commercial claims, and it is apparent that frans deposit applied for the above payment order after the lapse of five years from fins. Thus, it shall be deemed that the statute of limitations has expired, and thus, the payment order of this case shall be excluded.

B. As to the judgment on the Defendant’s assertion, the Defendant did not raise any objection against the instant payment order or the seizure and collection order, etc., and expressed his/her intent to repay to the Defendant on September 27, 201, and on the property list in the Suwon District Court’s Ansan Branch case.