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(영문) 부산지방법원 2016.06.22 2015가합6206

청구이의

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the inheritors of D, who died around June 2, 2014.

B. On October 8, 2002, the Bankruptcy Trustee E and the Korea Deposit Insurance Corporation filed a lawsuit against D, etc. by Busan District Court Decision 2002Da5527, Busan District Court Decision 2002, that “The network D, etc. jointly and severally with the 6,642,738,914 won and 4,23,067,687 won and 24% interest per annum from January 13, 2000 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on November 22, 2002.

C. On April 7, 2015, the Defendant acquired the instant judgment claim, and received an execution clause to succeed to the instant judgment from the bankruptcy trustee E and the Korea Deposit Insurance Corporation for the purpose of compulsory execution against the Plaintiffs as a successor to the Bankruptcy Trustee E and the Korea Deposit Insurance Corporation.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The parties' assertion

A. The plaintiffs' claim of this case was extinguished due to the completion of ten years from November 22, 2002, which was the date when the judgment became final and conclusive, and a compulsory execution based on the judgment of this case shall be dismissed.

B. Since Defendant D approved the obligation of the instant judgment amount on December 2009 and the statute of limitations for the instant judgment amount was interrupted, the Plaintiffs’ claim is without merit.

3. The facts that the judgment of this case became final and conclusive on November 22, 2002 are as seen earlier, and it is apparent that the ten-year extinctive prescription has passed thereafter.

However, in full view of the purport of the argument in Eul evidence No. 1, D, a national credit information company, which was delegated by the defendant to collect the judgment amount of this case from the defendant around December 2009, approved that the total debt amount as of December 16, 2009 is KRW 14,701,351,267, as a joint and several surety of F, a stock company.