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(영문) 광주지방법원 2019.04.12 2018가단527362
청구이의
Text

1. The defendant's compulsory execution against the plaintiff by the Gwangju District Court Decision 2002Gapo202574 delivered on January 7, 2003.

Reasons

1. Basic facts

A. C filed a lawsuit against the Defendant as the Gwangju District Court Decision 2002Ga202574, and on January 7, 2003, the judgment of the court below that “the Defendant shall pay to C 1,205,268 won and 1,126,438 won with 25% interest per annum from January 1, 2003 to the date of full payment,” and the above judgment became final and conclusive on February 9, 2003.

(hereinafter “Final Judgment of the previous suit of this case”). (b)

After acquiring C’s credit card usage fee claim against the Defendant based on the final and conclusive judgment of the instant previous suit, the Plaintiff received an execution clause succeeding to the original copy of the final and conclusive judgment of the instant previous suit and received the Defendant’s seizure and collection order as of June 27, 2018 with respect to the Defendant’s claim against D Agricultural Cooperatives and E, as of June 27, 2018.

(hereinafter “this case’s seizure and collection order”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1-2 and evidence No. 1-2, significant fact in this court, and the purport of the whole pleadings

2. The fact that 10 years have elapsed from February 9, 2003, which was the date when the final judgment of the previous suit of this case became final and conclusive, and that the Plaintiff received the seizure and collection order of this case from June 27, 2018 is apparent, so the claim established by the final and conclusive judgment of this case is deemed to have expired after the completion of the extinctive prescription, and the Defendant’s compulsory execution against the Plaintiff should be denied based on the final and conclusive judgment of the previous suit of this case.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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