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(영문) 서울중앙지방법원 2017.10.24 2016가단147925

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that the plaintiff of the parties concerned asserts that the claim based on the payment order of this case has ceased to exist due to the completion of prescription, and that the defendant has received a final and conclusive judgment on the above claim before applying for the above payment order.

2. In full view of the purport of the argument in Gap evidence No. 1, the Korea Light Bank, on December 31, 2001, transferred the credit card payment amount of KRW 2,745,962 to the plaintiff and interest thereon, delay damages claims against the plaintiff on December 31, 2001. The above company transferred the above claims to the Korea Promotion Savings Bank Co., Ltd. on February 14, 2003. The defendant acquired the above claims from the Promotion Savings Bank Co., Ltd. on June 15, 201, and on October 22, 2015, filed an application with the Seoul Central District Court for a payment order against the plaintiff under the Seoul Central District Court Order No. 2015Hu256253, Nov. 10, 2015, the payment order of this case was issued from the above court on which the defendant applied for the payment order of this case from the above company on December 15, 2015.

However, the extinctive prescription is interrupted by a judicial claim, and the period of prescription interrupted by a judicial claim is newly run from the time the judgment becomes final and conclusive, and the extinctive prescription of a claim established by a judgment becomes ten years (Article 165(1), Article 168 subparag. 1, and Article 178(2) of the Civil Act), and in full view of the purport of the entire pleadings in the entries in Articles 165(1), 168 subparag. 1, and 178(2) of the Civil Act, the Promotion Savings Bank filed a lawsuit against the Plaintiff on August 24, 2005 against the Daegu District Court 2005Ga346576, and the judgment was cited by the above court on December 23, 2005, and the above judgment can be recognized as the fact that the judgment became final and conclusive on January 19, 2006, the Promotion Savings Bank.