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(영문) 대전지방법원홍성지원 2019.01.16 2018가단5713
청구이의
Text

1. The defendant's red support against the plaintiff was based on the Daejeon District Court Decision 2007Gadan3582 Decided September 19, 2007.

Reasons

1. Basic facts

A. On September 19, 2007, the Defendant filed a lawsuit against the Plaintiff for a loan claim (this Court Decision 2007Da3582), and received a favorable judgment (the Plaintiff shall pay to the Defendant 100 million won and 20% interest per annum from July 1, 2006 to the date of complete payment). The above judgment became final and conclusive on October 16, 2007.

B. On June 4, 2018, the Defendant, based on the foregoing judgment claim, filed an application for a seizure and collection order regarding the Plaintiff’s deposit claims (U.S. District Court KRW 2018 other bond 3184), and rendered a decision of acceptance on June 15, 2018.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiff’s claim on the amount of judgment on the ground that the said judgment was rendered has expired on October 16, 2017 or on May 30, 2018 and the extinctive prescription has expired, compulsory execution based on the said judgment should be denied.

B. On June 3, 2008, when a lawsuit of demurrer against a distribution was concluded after the provisional seizure against the plaintiff's claims by the defendant alleged by the defendant, the distribution procedure case was conducted after the defendant raised an objection against the distribution.

6.4.Receive dividends were received.

Since the application for a seizure and collection order was filed on June 4, 2018, before ten years elapsed from that time, the above claim did not extinguish by prescription.

3. Determination

(a) Recognizing facts, the following facts may be recognized by integrating the overall purport of the pleadings in each entry in the evidence Nos. 1 to 5 (including a serial number) of Eul, and there is no counter-proof.

(1) On May 2006, C leased the land and its ground buildings owned by C to the Plaintiff by setting the lease deposit amount of KRW 100 million and the lease deposit period from May 1, 2006 to May 1, 2008.

(2) On August 2006, the Plaintiff transferred KRW 70 million out of the above lease deposit claim to E, and on August 25, 2006, notified C of the transfer of the above claim by registered mail.

(3) The defendant around January 2007, extended loans to the plaintiff as the High Government District Court Decision 2007Kahap172, and KRW 148 million.

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