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(영문) 창원지방법원 통영지원 고성군법원 2018.01.18 2017가단39
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 22, 2015, the Defendant filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff (No. 2015 Ghana 138), which was served on February 11, 2015 on the ground that the decision on performance recommendation was served on the Plaintiff on February 26, 2015, and became final and conclusive on February 26, 2015 because the Plaintiff did not raise any objection.

(C) On September 2, 2004, the principal debtor C with the ground for objection filed by the plaintiff borrowed KRW 6,00,000 from the defendant on September 23, 2004, and the repayment period was set on January 30, 2005.

After the lapse of 10 years from the due date, the statute of limitations has expired since the defendant filed a lawsuit claiming a loan set forth in the preceding paragraph.

3. The extinctive prescription of a claim based on judgment shall be calculated from the time for performance (Article 166(1) of the Civil Act); a judicial claim pertaining to the cause interrupting prescription shall have the effect of interrupting prescription from the receipt of the written complaint

(Article 265 of the Civil Procedure Act). The period of repayment of the instant loan claims was January 30, 2005, and the statute of limitations was interrupted on January 22, 2015, before the lapse of ten years from the date the Defendant received a complaint of the said loan claims from this court.

The ground for extinctive prescription, which is the ground for the plaintiff's objection, is groundless.

The plaintiff's claim is dismissed.

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