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(영문) 대전지방법원공주지원 2019.01.17 2018가단1536

청구이의

Text

1. The Defendant’s order for payment issued on April 27, 2010 in Daejeon District Court’s official order with respect to the Plaintiff was issued on the receipt money case from the Daejeon District Court 2010 tea 243.

Reasons

1. Facts of recognition;

A. D on December 21, 1996, borrowed KRW 10 million as of December 21, 1997, setting the repayment date from E Cooperatives as of December 21, 1997, and at the time the Plaintiff and F have jointly and severally guaranteed the above loan obligation.

B. On December 4, 1998, the E Union filed a lawsuit against D, the Plaintiff, and F claiming the principal and interest of the loan and received a favorable judgment (the Daejeon District Court's official branch court's 98 Ghana8601), and the above judgment was finalized on December 31, 1998.

C. According to the above judgment, the E Union applied for a compulsory auction of real estate against F on April 19, 199, and received a decision of compulsory commencement of auction on April 19, 199, and received dividends of KRW 1,504,801 from the date of distribution on May 3, 200.

On the other hand, H Co., Ltd. (H Co., Ltd. was dissolved on June 27, 201 by changing its organization to B assets management company, and B assets management company completed the registration of incorporation on July 15, 201; hereinafter “Defendant” is not distinguished from H Co., Ltd. and B assets management company; and on October 28, 2009, H Co., Ltd. received the above loan principal and interest claim from E Co., Ltd. from E Co., Ltd. on April 16, 201, and applied for payment order of KRW 117,794,140, including the above loan principal and interest, against D on April 16, 2010, and the payment order was finalized on April 27, 2010. The above payment order was finalized on May 25, 2010.

In addition, on April 16, 2010, the defendant applied to the plaintiff and F for a payment order of KRW 31,123,952 for the above loan interest and the above loan interest and the payment order was issued on April 27, 2010, and the above payment order was finalized on June 25, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence Nos. 1 to 8, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant’s claim for the loan against D was extinguished by the statute of limitations on December 31, 1998 after the lapse of 10 years from December 31, 2008, when the period of extinctive prescription was ten years from the date when the judgment was rendered in Daejeon District Court 98Gaso8601.