2016 Ghana 525706 Objection

Suwon L&C Co., Ltd.

A

Pleadings without Oral Proceedings

January 24, 2017

1. The Defendant’s notary public against the Plaintiff shall be disqualified from compulsory execution based on the No. 3099 of the No. 3099 of the No. 2008 No. 2008, Nov. 17, 2008.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

Judges Kim Jong-Un

Grounds for Claim

1. Extinguishment of a claim indicated on the executive titles;

A. The defendant asserts that the plaintiff has the right to claim KRW 169,260,300 against the plaintiff, and that notary public has the right to claim KRW 309,00,00, based on the authentic copy of the notarial deed (No. 3099, 2008, hereinafter referred to as "notarial deed of this case") with the notarial deed (No. 3099, 2008, hereinafter referred to as "notarial deed of this case"), the Gwangju District Court applied for a seizure and collection order, and on December 10, 2015, it was determined that the plaintiff may seize and collect the agency fee claim against the non-party farming area housing association.

B. However, the Defendant lent KRW 55,00,000 to the Plaintiff on November 17, 2008 as the due date for payment on December 30, 2008 (hereinafter referred to as the “instant loan claim”). Since the Plaintiff is a merchant as a stock company, the instant loan claim is deemed to be applied for five years, a commercial extinctive prescription.

C. In addition, the Defendant did not make any claim against the Plaintiff thereafter. On November 18, 2015, the official witness was issued a letter of conduct at the law firm 21st century’s general law office and applied for the seizure and collection order to the Gwangju District Court around December 2015, and received the decision on December 10, 2015.

D. Ultimately, the Defendant still holds the instant notarial deed, an executive title, even if the extinctive prescription of the instant claim for the instant loan was completed on or around December 30, 2013, and became extinct.

I would like to seize and collect the claims held by the plaintiff against the non-party farming area housing association.

2. Conclusion

For this reason, since the lawsuit of this case was filed to seek a judgment like the purport of the claim, the main time is the judgment accepting the plaintiff's claim.