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(영문) 춘천지방법원 2015.08.25 2015가단50890
청구이의
Text

1. Compulsory execution against the Defendant against the Plaintiff by the Chuncheon District Court Decision 2003Gaso2697 Decided December 2, 2003.

Reasons

1. Facts of recognition;

A. On December 2, 2003, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Chuncheon District Court Decision 2003Gapo26997, and was sentenced on December 2, 2003 to the effect that “the Plaintiff shall pay KRW 16,750,000 to the Defendant and its delayed payment damages” (hereinafter “instant judgment”). The said judgment was served on the Plaintiff on January 15, 2004, and became final and conclusive on January 30, 2004.

B. On December 1, 2010, the Plaintiff filed an application for immunity with the Chuncheon District Court 2010Hadan17, 2010Hadan17, and was declared bankrupt by the above court, and was ordered to grant immunity on December 1, 201, and the said decision to grant immunity became final and conclusive on December 16, 2010.

C. On January 2015, the Defendant requested the Incheon District Court to order the seizure and collection of the Plaintiff’s deposit claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The ten-year period has elapsed since the date when the judgment of this case became final and conclusive. Accordingly, compulsory execution based on the judgment of this case shall be dismissed.

1.(b)

The plaintiff's obligation against the defendant was exempted because it was not intentionally omitted from the list of creditors at the time of filing the above bankruptcy and exemption decision.

B. Determination 1) According to the above facts of recognition as to the cause of claim, the defendant's claim based on the judgment of this case against the plaintiff of this case against the plaintiff of this case shall be deemed to have been extinguished by the expiration of the extinctive prescription on January 30, 2014, which was ten years from January 30, 2004 when the judgment of this case became final and conclusive. Thus, compulsory execution based on the judgment of this case shall not be permitted. 2) As to the defendant's claim, the defendant discovered that the plaintiff's resident registration number was erroneous in the judgment of this case and applied for correction of the judgment and received correction of the judgment on November 13, 2013.

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