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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order of the Changwon District Court 2015Hu1796 case.
Reasons
1. On May 21, 1997, the Korean Agricultural Cooperative Federation extended a loan of KRW 20,000,000 to A on May 21, 1999 on the repayment date.
(hereinafter “The instant loan claim”). The Agricultural Cooperative Federation transferred the instant loan claim against the Plaintiff to the Defendant, and notified the Defendant thereof.
On the other hand, on August 26, 2005, the Defendant filed an application with the Plaintiff for the payment order claiming the Plaintiff’s claim for the instant loan with the Changwon District Court, and on August 29, 2005, the above court issued the payment order for KRW 10,019,460 as to KRW 33,335,958 and the Defendant jointly and severally and severally, for KRW 10,019,460 from August 9, 2005 to the delivery date of the instant payment order, and KRW 20% per annum from the next day to the full payment date.” This order was finalized on October 26, 2005.
(hereinafter referred to as “payment order in 2005”) on April 28, 2015, the Defendant filed an application with the Changwon District Court for a payment order for the extension of the statute of limitations for the instant loan with the Plaintiff. On April 28, 2015, the said court paid the Defendant 18% interest per annum for KRW 45,007,714 and KRW 7,019,460 from April 27, 2015 to the delivery date of the instant payment order and KRW 20% per annum for KRW 45,07,714 to the Defendant jointly and severally.
“The payment order was issued, and this was finalized on May 21, 2015 (hereinafter “the payment order in 2015”). 【The grounds for recognition”), the fact that there is no dispute, the entry in evidence A No. 1-1 and 2, and the purport of the whole pleadings.
2. Determination
A. The Plaintiff asserted that, as the period of extinctive prescription has expired, the compulsory execution based on the payment order in 2015 should be denied.
B. The fact that the repayment period of the loan claim of this case was May 21, 1999 is the same as the above. The payment order of this case in 2015 was five years from the above.