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(영문) 수원지방법원안산지원광명시법원 2015.01.08 2013가단116
청구이의
Text

1. The defendant's U.S. District Court Decision 2001Gais8722 delivered on July 20, 2001.

Reasons

1. Facts [Grounds for recognition: Evidence No. 1, 2, evidence No. 1, evidence No. 1, and purport of the whole pleadings];

A. Foreign Exchange Credit Card Co., Ltd. filed a lawsuit against the Plaintiff for the payment of credit card bills, etc. with the Suwon District Court Decision 2001Gaso8722, Jun. 20, 2001, the said court rendered a judgment that “the Plaintiff shall pay to the foreign exchange credit card Co., Ltd. 3,88,327 won and 1,77,358 won a year from May 8, 2001 to the day of full payment” and the said judgment became final and conclusive around that time.

B. On June 5, 2013, the Defendant succeeded to the right under the above judgment from a foreign credit card company, and received a collection order for the Plaintiff’s claim attachment and collection against the Plaintiff’s claim under the Suwon District Court Branch Branch 2013TT210 on June 5, 2013.

2. The plaintiff alleged that ten years have already passed since the judgment of this case was rendered, and that the defendant's claim against the plaintiff was extinguished by prescription. Accordingly, the defendant asserted that the plaintiff approved the debt by paying part of the debt before the expiration of the statute of limitations.

According to each statement in Eul evidence Nos. 2 through 5 and the result of the order to submit financial transaction information to the Nonghyup Bank Co., Ltd. as of December 1, 2014, the plaintiff can be acknowledged as having repaid KRW 100,000 out of the debts based on the above judgment on June 3, 2010, and where part of the debts are discharged prior to the expiration of the prescription period, it is effective as an acceptance of the debt unless there is any dispute as to the amount of the debt (see, e.g., Supreme Court Decision 95Da39854, Jan. 23, 196). Thus, the extinctive prescription of the claims in this case is suspended, and the plaintiff's assertion that the extinctive prescription of the claims in this

Meanwhile, according to the evidence Nos. 2 and 3, the above judgment related to the Plaintiff’s debt of this case is rendered from December 31, 2009 to July 29, 2013.

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