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(영문) 부산지방법원 2017.07.21 2017나40426
부당이득반환청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1. of the text of the judgment of the court of first instance.

Reasons

1. Basic facts

A. On January 6, 200, the Plaintiff drafted a notarial deed on December 23, 199, stating that “the Plaintiff shall pay 26,000 won each day from December 23, 1999 to March 31, 200” (a notary public shall pay 26,000 won each day from December 23, 199 to December 31, 2000) with respect to the loan 2,60,000 won from the Defendant.”

B. On January 28, 2016, the Defendant applied for a collection order of KRW 12,937,359 as to the deposit claims, etc. that the Plaintiff possessed in the Nonghyup Bank Co., Ltd. based on the instant authentic deed as the Busan District Court Branch Branch 2016TTT 100273, and received a ruling of acceptance from the said court on February 16, 2016.

C. On February 19, 2016, the Defendant collected KRW 12,900,000 from the Plaintiff’s deposit account based on the order of seizure and collection.

On April 19, 2016, the Plaintiff repaid all of the instant loan claims against the Defendant as Busan District Court Decision 2016Da5421, and on the ground that the extinctive prescription of the instant claim has expired, the Plaintiff filed a lawsuit of objection demanding the denial of compulsory execution based on the Notarial Deed and received a favorable judgment on June 29, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. (1) Determination as to the cause of claim 1) The ten-year extinctive prescription under Article 162(1) of the Civil Act is applied to the loan claim of this case. Meanwhile, the extinctive prescription is interrupted due to a judicial claim or seizure, etc.

However, the defendant's above application for the seizure and collection order of the defendant's above is not only March 31, 200 scheduled as the date of the plaintiff's final repayment according to the notarial deed of this case, but also 1.

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