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(영문) 대구지방법원 2017.02.10 2016가단15133
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 9, 2001, the bankruptcy trustee of the Lifelong Credit Cooperative of the bankrupt filed a lawsuit against the plaintiff et al. for the payment of loans with the Daegu District Court Decision 2000Gapo206468, and the above court rendered a judgment on January 9, 2001 that the plaintiff would pay interest and damages for delay from December 31, 1995 to the bankruptcy trustee of the Lifelong Credit Cooperative of the bankrupt, and served the above judgment on the plaintiff on January 18, 2001.

The judgment of this case is referred to as "the judgment of this case"

B. B. The Defendants of the instant case appealed, but received a judgment dismissing the appeal on July 25, 2001, and the said judgment became final and conclusive on August 24, 2001. (c) The instant judgment claims were transferred in sequence to the Reorganization Finance Corporation (the date of the transfer, April 15, 2002), the Kulomon Mutual Savings Bank (the date of the transfer, April 30, 2007), the Solomon Mutual Savings Bank (the date of the transfer, December 11, 2009), the Defendant (the date of the transfer, November 29, 201), and the notification pursuant to each of the said assignment of claims was made to the Plaintiff [based on recognition], there was no dispute, Gap 1 evidence, and Eul 1 through 10 evidence (including the serial number, hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff asserts that since the claim of this case was transferred to the defendant at the expiration of ten years after the date when the judgment of this case became final and conclusive, compulsory execution based on the judgment of this case shall be dismissed.

B. As to this, the Defendant asserted that, prior to the expiration of the extinctive prescription of the judgment claim, Solomon Mutual Savings Bank, which acquired the judgment claim of this case, filed a lawsuit against the Plaintiff prior to the expiration of the extinctive prescription of the judgment claim of this case.

3. Determination

A. In this case, on November 29, 201, 10 years have passed since the Defendant's final judgment of this case became final and conclusive, from Solomon Mutual Savings Bank.

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