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1. The Defendant’s compulsory execution against the Plaintiff on February 14, 2017, based on the payment order (No. 2017 tea) No. 2095.
Reasons
1. Basic facts
A. Samsung Card Co., Ltd., on July 31, 2003, transferred the instant claims to the Defendant in sequence on December 28, 201, on the part of the Plaintiff’s principal amounting to KRW 12,285,618; KRW 2,260,317, including the instant claims; and on September 26, 2012, on the part of the Defendant, on the part of the Plaintiff, the Defendant Company Specialized in Les-backed Securitization Co., Ltd. (hereinafter “instant claims”); on March 31, 2008, the Defendant Company Specialized in Les-backed Securitization Co., Ltd; on the part of the Promotion Savings Bank Co., Ltd., Ltd. (former Mutual Savings Bank Co., Ltd.), the Promotion Savings Bank Co., Ltd. (former Mutual Savings Bank Co., Ltd.), the instant claims to the Defendant.
B. On March 28, 2017, the Defendant filed a payment order against the Plaintiff (hereinafter “instant payment order”) claiming the instant claim with the Suwon District Court 2017 tea2095, and the instant payment order was finalized on March 28, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5 evidence, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. Since the plaintiff's claim of this case 5 years of extinctive prescription has expired, compulsory execution based on the payment order of this case shall be dismissed.
B. The extinctive prescription was interrupted by filing a lawsuit claiming acquisition money against the Plaintiff by the promotion mutual savings bank, a prior assignment of the instant claim by the Defendant.
3. According to the above facts of determination, the claim of this case is a commercial claim of Samsung Card Co., Ltd., a merchant, and the five-year extinctive prescription is applicable. It is deemed that the payment order of the promotion mutual savings bank Co., Ltd., as claimed by the Defendant (which was referred to the lawsuit proceedings by Suwon District Court No. 2010Da4150, Oct. 6, 2010) was filed on July 16, 2010, which appears to have arrived at the maturity of the claim of this case from July 31, 2003 to have arrived at the maturity of the claim of this case.