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(영문) 서울중앙지방법원 2020.09.23 2020가단9501

청구이의의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s assertion that the Plaintiff’s obligation is the Plaintiff’s obligation of loans from C, and the said bank transferred the above loan claims to D Co., Ltd. on October 31, 2002. Since the statute of limitations expired on February 27, 2014, which applied for the instant payment order even based on the above transfer date, the Plaintiff did not have the obligation to pay to the Defendant.

2. According to the evidence evidence Nos. 1, 2, and 1 and 2, D Co., Ltd. (hereinafter “D”) filed a lawsuit against the Plaintiff on January 6, 2006 against the Seoul District Court, Jinju Branch Branch Court 2006Gaso66, and the above court rendered a judgment accepting the entire claim of D on March 24, 2006. The above judgment became final and conclusive on May 17, 2006, the Defendant acquired the claim against the Plaintiff from D as of June 15, 201, and the Defendant filed an application for the instant payment order on March 4, 2014 where ten years have not passed since the date the judgment No. 2006Ga66 became final and conclusive.

In full view of the above facts, the Plaintiff’s claim that the period of extinctive prescription for the Plaintiff’s debt is ten years according to the final and conclusive judgment, and that the instant payment order was filed prior to the expiration of extinctive prescription and its interruption was interrupted, and thus, the Plaintiff’s claim that the Plaintiff’s debt expired

3. As such, the plaintiff's claim is dismissed as it is without merit.