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(영문) 청주지방법원충주지원 2015.08.19 2015가단21250
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant received the following bonds from the Plaintiff.

"Pecuniary Claim calculated by the ratio of 22% per annum from March 17, 2000 to the Cheongju District Court Decision 2003Gau12301 case (as of November 1, 2003, the '5,714,286 won as of November 1, 200 and the 'Pecuniary Claim' (as of March 17, 200, the 'Pecuniary Claim').

2. The gist of the Plaintiff’s assertion was that, since the Defendant did not exercise the claim ten years after the decision on performance recommendation became final and conclusive, the extinctive prescription expired and the claim became extinct.

3. According to the evidence Nos. 1-1 and 2-2 of the judgment, the plaintiff may recognize the fact that the plaintiff requested the defendant to issue a certificate of debt concerning the above claim on or around September 2009. This constitutes the recognition of debt as a ground for interrupting prescription and the statute of limitations of the claim was interrupted at that time. Thus, the plaintiff's assertion is without merit.

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