logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.04.02 2014가단44755
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The claims held by the Defendant against the Plaintiff based on the Daejeon District Court Decision 2003Gaso144394, which the Defendant had against the Plaintiff, were extinguished ten years since July 25, 2003 when the said decision of performance recommendation became final and conclusive.

It is against the principle of trust and good faith to apply for a seizure and collection order based on the claim the extinctive prescription has expired.

2. According to the evidence No. 1 of the judgment, it is recognized that the decision of performance recommendation against the plaintiff was finalized on July 25, 2003 by the Daejeon District Court 2003Gada14394, which the defendant raised against the plaintiff, and the contents of the above decision of performance recommendation are as follows: "the plaintiff shall pay to the defendant 12,109,587 won and 10,000 won among them, 19% per annum from August 23, 1999 to July 10, 2003, and 20% per annum from the next day to the date of full payment."

Meanwhile, comprehensively taking account of the purport of the entire pleadings in the statement No. 1, the Defendant’s filing of a lawsuit with Daejeon District Court 2013 Ghana64947 on July 15, 2013 to extend the prescription period of the said decision on performance recommendation, and the fact that the decision on performance recommendation in the said lawsuit became final and conclusive on August 10, 2013.

According to this, the extinctive prescription of the above claim held by the defendant against the plaintiff in accordance with the Daejeon District Court 2003Gaso144394 decision of performance recommendation was interrupted.

Therefore, the plaintiff's assertion that the defendant's claim was extinguished by prescription is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

arrow