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(영문) 전주지방법원 2019.03.22 2018가단20493
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 21, 2017, the Plaintiff borrowed KRW 194,081,30 from Nonparty D with the maturity on January 23, 2008, with the interest rate of delay 24% per annum, respectively. In the event of nonperformance, the Plaintiff drafted a notarial deed of a monetary loan agreement for consumption under the Chap law office No. 4185 of 2007, in which the content on the recognition of compulsory execution is included in the process of nonperformance.

(hereinafter referred to as “instant authentic deed”). B.

D On November 7, 2016, the Plaintiff entered into a contract on the assignment of claims under the instant authentic deed (hereinafter “instant contract on the assignment of claims”) with the Defendant, and the Plaintiff received the notification of the assignment of claims on July 6, 2018.

C. On July 19, 2018, the Defendant was granted a succession execution clause for compulsory execution based on the instant notarial deed from the said legal office. On August 29, 2018, the Defendant received a new issuance of the instant notarial deed on September 3, 2018, and received a seizure and collection order of the Plaintiff’s deposit claims against the financial institutions, including the Plaintiff E Stock Company, by 2018 Goyang Branch Branch 2018TBE9376, and received a collection order on September 3, 2018. On September 3, 2018 and October 4, 2018, the Defendant received a new issuance of the instant notarial deed from the said legal office, and received a seizure and collection order on the Plaintiff’s deposit claims to return the lease deposit claims to F.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5-1 to 6, the purport of the whole pleadings

2. Determination of the parties' arguments

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the extinctive prescription of a claim based on the Notarial Deed of this case was completed on January 23, 2008, which was ten years after the due date for payment, on January 23, 2018.

B. The Defendant’s assertion that the Defendant’s assertion as to the Defendant’s assertion is the assignee of the instant assignment contract, or the rescission of the instant assignment contract, thereby restoring the status as the obligee of the instant authentic deed on December 6, 2016.

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