(영문) 부산지방법원 2018.04.03 2017가단328682

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.04.03 2017가단328682

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant filed a lawsuit against the plaintiff for the claim for reimbursement amount of Busan District Court 2001Kadan93879, which stated that "the defendant shall pay to the plaintiff 46,068,009 won and 27,419,004 won among them with 19% per annum from August 23, 1999 to May 18, 2002, and 25% per annum from the next day to the day of complete payment (hereinafter "claim for indemnity amount of this case"). The judgment became final and conclusive on July 26, 2002.

B. Meanwhile, on July 13, 2017, the Defendant filed an application to specify the Plaintiff’s property on the basis of the above judgment, and the Plaintiff was determined to disclose the property list stating the property status as the Busan District Court’s Branch Branch Branch Decision 2017Kao974 on the date for specification of property.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, each entry in 1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that since the statute of limitations has expired since the claim for indemnity of this case 10 years since the date when the judgment became final and conclusive, compulsory execution based on the claim for indemnity of this case shall be rejected.

In regard to this, the defendant asserted that the prescription was suspended by paying part of the debt while the plaintiff approving the debt before the expiration of the extinctive prescription period for the claim for indemnity of this case.

B. According to the above facts, the execution based on the defendant's claim for indemnity of this case by the court below shall be recognized after the ten-year prescription period has elapsed from the date when the judgment on the claim for indemnity of this case became final.

Meanwhile, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3, the Plaintiff filed an application for debt settlement with the Defendant on December 21, 201, which was before the expiration of the extinctive prescription period, and concluded an agreement for debt settlement with the approval of the instant amount of reimbursement, and subsequently repaid KRW 480,000 on December 30, 201, respectively.

유사 판례

-수원지방법원오산시법원 2019.04.18 2018가단2466

-전주지법 2023. 5. 24. 선고 2022가단14761 판결

-서울서부지방법원 2016.02.17 2015가단236915

-서울중앙지방법원 2015.12.15 2015가단5240624

-서울중앙지방법원 2018.01.10 2017가단5193883