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부산지방법원 2017.04.06 2016가단57754
청구이의
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. Busan 2 Mutual Savings Bank (hereinafter “Co., Ltd.”) filed a lawsuit against the Plaintiff seeking the payment of the acquisition amount as Busan 2006Gada1226777.

The above lawsuit was initiated by public notice to the Plaintiff, and on May 19, 2006, the judgment (i.e., payment of KRW 4,929,942 and interest calculated at the rate of 20% per annum from May 17, 2006 to the date of full payment; hereinafter “instant prior judgment”) was rendered and finalized around June 23, 2016.

B. On August 26, 2011, the Defendant acquired the claim held by Busan 2 Mutual Savings Bank against the Plaintiff, following the procedures such as the decision to transfer a contract and the public notice on August 29, 2011.

C. On May 4, 2016, the Defendant filed against the Plaintiff a payment order with the Seoul Central District Court No. 2016 tea21274, supra.

On May 20, 2016, the court issued an order for payment on May 20, 2016 and served on the Plaintiff on June 3, 2016, and became final and conclusive on June 18, 2016 due to the Plaintiff’s no objection.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 4 evidence, Eul 1, 2, and 3 evidence (including branch numbers in the case of provisional evidence), the significant facts in this court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s debt owed to Busan 2 Mutual Savings Bank, which was recognized in the preceding judgment of the instant case, is nonexistent. However, the Plaintiff did not properly dispute the wind to proceed by public notice.

B. A claim recognized in the foregoing preceding judgment was extinguished due to the completion of prescription ten years after the judgment became final and conclusive.

3. Determination

A. In a case where the enforcement title, which is the object of an objection, is a final and conclusive judgment in a lawsuit of demurrer against the absence of an obligation against Busan 2 Mutual Savings Bank, the grounds for objection shall accrue after the closing of arguments at the trial court of the relevant lawsuit, and the circumstances arising earlier shall be the debtor.

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