합의금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that the lawsuit of this case was filed against the defendant for the interruption of prescription due to the imminent completion of the statute of limitations on the claim based on the payment order of the Incheon District Court No. 2001j 9503, which was received against the defendant. As such, it is examined ex officio as to
According to the purport of the argument in Gap evidence Nos. 1 through 4, the plaintiff filed a payment order against the defendant with the Incheon District Court 2001Da9503, Jun. 13, 2001, and the above court ordered the plaintiff to pay the amount calculated by the rate of 25% per annum from the date of receiving the original copy of the payment order in this case to the date of complete payment. The above payment order was served on the defendant on June 18, 2001 and confirmed as is July 3, 2001. The plaintiff filed a payment order with the Incheon District Court 2005TTTT5413 with the title of the above payment order as the title of the execution, and issued a collection order and seizure order against the defendant four financial institutions on July 14, 2005. The above decision was revoked or the above collection order was not revoked and the above collection order did not progress against the plaintiff, the above financial institution, and the above third financial institution, the above collection order was not revoked.
Extinctive prescription is interrupted due to seizure and the cause of interruption thereof is newly run from the time of termination. In light of the fact that the execution agency’s disposal of the debtor’s property by means of final and conclusive judgment or other title of execution is the first stage of compulsory execution that prohibits the debtor’s disposal of the debtor’s property, it shall be deemed that the effect is extinguished when compulsory execution
On the other hand, in the case of the seizure and collection order, the creditor should proceed to the procedure of collecting the claim according to the collection order.