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(영문) 대전지방법원홍성지원서천군법원 2019.08.23 2019가단36
청구이의
Text

1. Compulsory execution based on the original of the judgment with executory power of 2004 Ghana4939 against the defendant against the plaintiff is conducted.

Reasons

1. The defendant filed a purchase-price lawsuit against the plaintiff and the non-party C on November 18, 2004 and filed a purchase-price lawsuit against the plaintiff and the non-party C on November 18, 2004. "The defendant jointly and severally held in favor of the plaintiff 11,249,000 won and the amount calculated at the rate of 20% per annum from November 15, 2004 to the date of full payment." The above judgment was affirmed in favor of the plaintiff and the non-party C, and there is no dispute between the parties that became final and conclusive on December 17, 2004.

2. A claim for the purchase price determined by the above judgment shall be extinguished upon the expiration of the extinctive prescription on December 17, 2014, when ten years have elapsed since the date of the above determination, barring any other circumstances.

In this regard, since the defendant shown the same attitude that the plaintiff did not invoke the statute of limitations, the defendant's assertion for the expiration of the statute of limitations cannot be allowed as abuse of rights against the principle of trust and good faith, and as the defendant expressed a specific intent to approve a debt after the expiration of the statute of limitations, the plaintiff's claim for this case, which claimed the completion of the statute of limitations, has been asserted to be just, but the statement in the evidence No. 1, in itself, presented the same attitude that the completion of the statute of limitations should not be invoked later to the extent that it constitutes an abuse of rights.

It is difficult to recognize that the aforementioned intent to approve the payment of the purchase price claims was displayed after the completion of the statute of limitations, and there is no other evidence to acknowledge it.

3. If so, the Defendant’s claim for the purchase price established by the above judgment against the Plaintiff was extinguished due to the completion of extinctive prescription.

As such, the plaintiff's claim for this case seeking the exclusion of the executory power of the above judgment is legitimate and it is decided as per Disposition.

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