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(영문) 광주지방법원 2020.01.09 2019가합53018
청구이의
Text

1. The defendant's notary public against the plaintiffs was 2006 No. 1463.

Reasons

1. Basic facts

A. On November 15, 2006, the plaintiffs borrowed 300,000,000,000 from the defendant on November 15, 2006 by a notary public on November 15, 2006, "No. 1463 of the DDD DD DD D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, respectively by fixing 25% per annum from the defendant until the due date until December 14, 2006 and delayed damages. The plaintiff A D D D D D D D D D D D D D D

B. On March 20, 2019, the Defendant, based on the instant notarial deed, applied for a seizure and collection order for the claims that the Plaintiffs had against the third obligor. [The facts that there is no dispute over the grounds for recognition, entry of A evidence No. 1, and the purport of the entire pleadings]

2. Since the plaintiffs' claims for the execution of the notarial deed of this case have expired after the expiration of the ten-year extinctive prescription period from December 14, 2006, the due date for payment, the execution of the notarial deed of this case shall not be permitted.

3. Determination

A. We examine the determination as to the cause of the claim. The Defendant’s claim against the Plaintiffs under the Notarial Deed of this case was due date on December 14, 2006, and the fact that the Defendant applied for a seizure and collection order based on the Notarial Deed of this case on March 20, 2019, which was ten years after the lapse of ten years from the above. As seen earlier, the execution claim of this case had already expired prior to the application for the seizure and collection order of the above claim.

Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.

B. As to the Defendant’s defense, the Defendant asserts that the extinctive prescription was interrupted since the Defendant approved part of the interest on the instant notarial deed’s execution bond by way of settling a large amount of KRW 300,000 per month from February 2, 2015 to February 2017, which was before the expiration of the extinctive prescription.

l.p. g., p.

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