청구이의
1. The defendant's letter of decision on the recommendation for compromise in the loan case 2005Gaso44 dated February 15, 2005 against the plaintiff.
1. According to the evidence of the determination as to the cause of the claim, the defendant filed a lawsuit against the plaintiff as this court 2005da444, and on February 15, 2005, the court rendered a ruling of recommending settlement with the purport that "the plaintiff shall pay the plaintiff KRW 20 million and delay damages," which became final and conclusive on March 8, 2005. On October 7, 2015, the defendant filed a ruling of recommending settlement with the Suwon District Court 2015TTT Branch 20117 with the debtor as the plaintiff and the third debtor as the new bank, etc. (the claim and collection order of this case) and received the ruling of acceptance on November 30, 2015.
The extinctive prescription of the claim established by the decision of recommending reconciliation (the claim in this case) is ten years. According to the above facts, the defendant applied for the seizure and collection order of the claim in this case after ten years have elapsed since the date when the decision of recommending reconciliation became final and conclusive. Thus, the prescription of the claim in this case was completed and terminated.
Therefore, the plaintiff's claim seeking the denial of compulsory execution by the above final settlement recommendation protocol is justified.
2. The Defendant asserts that the period of extinctive prescription of the instant claim was interrupted by filing an application for the seizure and collection order with the Suwon District Court Branch Branch Branching 2015TTT 4088, prior to filing an application for the seizure and collection order of the instant claim.
According to the evidence, the defendant applied for the seizure and collection order (application for the previous seizure and collection order) with the debtor as the plaintiff, the third debtor as the new bank, etc. (application for the previous seizure and collection order) on April 7, 2015, with the execution bond of this case as Suwon District Court Branch 2015TTT4088 on April 7, 2015, and the decision of rejection was issued on June 17, 2015. However, it is recognized that the defendant applied for the seizure and collection order (application for the previous seizure and collection order), but ten years have passed since the decision of recommending reconciliation became final and conclusive.