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(영문) 부산지방법원 2017.10.25 2017가합783

청구이의

Text

1. The defendant's decision against the plaintiff is based on the Busan District Court Decision 2004Gahap15464 delivered on April 21, 2005.

Reasons

1. Determination as to the cause of claim

A. The following facts are acknowledged by the parties or by the overall purport of Gap evidence 1, 2, and 1, and all pleadings.

1) The non-party 2 mutual savings bank filed a lawsuit against the plaintiff et al. against Busan District Court 2004Gahap15464. On April 21, 2005, Busan District Court rendered a judgment ordering the plaintiff et al. to pay the amount calculated at the rate of 20% per annum from March 20, 2005 to the date of full payment. The above judgment became final and conclusive on May 28, 2005.2) The principal and interest claim (hereinafter referred to as "the above judgment") stated in paragraph 1 of the above case is the final and conclusive claim.

was transferred to the defendant.

B. According to the above facts of recognition, barring any special circumstance, the claim for the final judgment of this case shall be deemed to have been completed on May 28, 2015, 10 years from the day following the date when the judgment became final and conclusive, and thus, compulsory execution based on the above judgment shall be dismissed.

2. The defendant's defense was asserted that the extinctive prescription was interrupted since the defendant filed a lawsuit for the interruption of extinctive prescription prior to the lapse of the extinctive prescription of the final judgment claim in this case.

On April 10, 2015, the Defendant filed a lawsuit against the Plaintiff with the Seoul Central District Court 2015da66432, which sought payment of part of the claim in the instant final judgment. On November 24, 2015, the said court rendered a judgment ordering the Plaintiff to pay the amount calculated at the rate of 20% per annum from March 20, 2005 to the date of full payment, and the fact that the said judgment became final and conclusive on December 10, 2015 is recognized by the statements in the evidence Nos. 2 and 3.

According to the above facts, the plaintiff's claim of KRW 50,000,000 among the plaintiff's final judgment claim of this case and its delayed damages claim were interrupted due to the defendant's filing of the suit.

2.2.