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(영문) 서울중앙지방법원 2018.04.18 2017가단63413
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Korea Exchange Credit Card Co., Ltd. filed a lawsuit against the Plaintiff for the purchase price claim with the Seoul District Court Branch 95da150059, Jan. 17, 1996 that “1,26,814 won and 836,001 won among them shall be paid at the rate of 20% per annum from September 19, 1995 to the full payment system. The above judgment became final and conclusive around that time. (b) A foreign Exchange Credit Card Co., Ltd. transferred the above bonds to the Plaintiff around 2003, and notified the Plaintiff of the above bonds at the 7th Special Asset Securitization Co., Ltd., Ltd. on the 304th Specialized Asset Securitization Co., Ltd., Ltd., and notified the Plaintiff of the above bonds at the 30th Specialized Asset Securitization Co., Ltd., Ltd.’s payment order on August 26, 201, the Defendant received the above bonds from the Seoul District Court 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings]

2. The plaintiff asserts that compulsory execution based on the payment order of this case should not be permitted, since the defendant's above-mentioned claim of the acquisition amount has expired after the expiration of the extinctive prescription.

However, according to the statement in Eul evidence No. 3, Busan District Court 2005Gada289451, which filed a lawsuit against the plaintiff, and decided to pay '836,001 won from the above court on March 29, 2006 and 'the amount calculated by the rate of 20% per annum from March 29, 2006 to the day of complete payment', and the above judgment became final and conclusive on April 26, 2006.

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