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(영문) 부산지방법원 동부지원 2021.01.14 2019가단229532

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 1, 2007, the Defendant filed a payment order against the Plaintiff with the Busan District Court Branch of the Dong Branch of Busan District Court (hereinafter “instant payment order”), stating that “The Plaintiff shall pay to the Defendant 1,694,763 won, and from August 16, 2000 to November 23, 2007, 25% per annum from August 16, 2000 to November 23, 2007, and 20% per annum from the following day to the full payment date” (hereinafter “the instant payment order”). The above payment order was finalized on December 8, 2007.

B. On November 9, 2017, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claims against the Republic of Korea (Korea Post in Science and Technology) as the title of executing the instant payment order, with Busan District Court’s Dong Branch 2017, and issued a seizure and collection order from the said court.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings

2. The plaintiff asserts that since the claim for acquisition of the bonds based on the payment order of this case has expired by prescription, the execution against the plaintiff of this case should not be denied.

The facts that the instant payment order became final and conclusive on December 8, 2007 are as mentioned above. However, in full view of the facts acknowledged as above and the facts stated in the evidence Nos. 2 and 5, the Defendant received a seizure and collection order against the Plaintiff’s deposit claims against the Republic of Korea (Korea Post in Science and Technology) on November 9, 2017, before ten years have passed since the date when the payment order of this case became final and conclusive, with the Defendant’s title to execute the instant payment order on November 9, 2017. The Defendant repaid KRW 50,000 to the Defendant on October 10, 2008, and the Plaintiff paid KRW 200,000 to the Defendant on July 17, 2018. According to the above facts, it is acknowledged that the Defendant paid KRW 20,000 to the Defendant on July 17, 2018.