대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in accordance with the statements in Gap evidence 1 to 5:
On February 1, 2006, the debtor savings bank (hereinafter "Do resident savings bank") filed an order with the defendant and B to pay 5 million won of loans and interest or interest interest accrued on March 8, 2005 against the defendant and the Do resident savings bank (hereinafter "Do resident savings bank"), which was jointly issued a payment order with the above court to jointly pay Do resident savings bank five million won and interest damages accrued therefrom. The order became final and conclusive on August 2, 2006.
B. Meanwhile, the Do Public Savings Bank collected all claims based on the payment order finalized as above during the collection procedure conducted thereafter.
C. On March 27, 2012, Do Private Savings Bank was sentenced to a decision on bankruptcy and appointment of the Plaintiff as a trustee in bankruptcy as the Chuncheon District Court 2012Hahap1.
2. The Plaintiff asserted that the cause of the claim in this case is the cause of the claim, and the Defendant and B did not repay part of the claim stated in the payment order as of March 17, 2016, and did not repay as of March 17, 2016, which led to the claim in this case for the interruption of the extinctive prescription of the claim based on the established payment order. However, the Plaintiff’s above assertion is rejected on the ground that the Do Private Savings Bank was fully repaid the claim based on the payment order in this case’s subsequent process.
3. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is unfair in conclusion, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.