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(영문) 청주지방법원 2018.02.02 2017가단5631

청구이의

Text

1. Compulsory execution based on the judgment of the Cheongju District Court 2003Gaso 51068 against the defendant against the plaintiff is 4.4.

Reasons

1. Facts of recognition;

A. On August 12, 1995, new loyalty Co., Ltd. loaned KRW 10,000,000 to the Plaintiff on August 4, 1998, setting the only date of loan to the Plaintiff as August 4, 1998.

The new loyalty Co., Ltd. has gone bankrupt at the same time, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

B. On July 11, 2003, the Cheongju District Court 2003da51068 filed a lawsuit against the plaintiff in bankruptcy of a mutual savings and finance company, and the Cheongju District Court decided on November 18, 2003 that "the plaintiff shall pay to the Cheongju District Court 10,077,809 won and 20% interest per annum from March 29, 1996 to the day of full payment."

(hereinafter “instant judgment”). The instant judgment became final and conclusive around December 13, 2003.

(A) The Korea Deposit Insurance Corporation has a claim against the Plaintiff (hereinafter referred to as the “instant judgment claim”).

On November 20, 2008, the Defendant acquired the instant judgment claim from the Korea Deposit Insurance Corporation.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. As to the Plaintiff’s assertion on the completion of the extinctive prescription, the extinctive prescription of the instant judgment claim was completed and terminated. (2) In relation to the instant judgment claim, it is clear in the calculation that the fact that the instant judgment has far elapsed more than ten years from December 13, 2003, which became final and conclusive with respect to the instant judgment claim. However, the extinctive prescription is interrupted by seizure (Article 168 Subparag. 2 of the Civil Act) and the period of prescription interrupted by seizure is newly run from the time when compulsory execution is terminated (see, e.g., Supreme Court Decision 2013Da4730, Jan. 29, 2014). However, considering that the Defendant’s assertion on the instant judgment claim on May 26, 201 as to the Plaintiff’s claim for the payment of the wages against the United Nations Co., Ltd. based on the instant judgment claim, the period of prescription is newly run from the time when compulsory execution is terminated (see, e.g., Supreme Court Decision