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1. The defendant's compulsory execution against the plaintiff is denied based on the judgment of the Gwangju District Court 2003 Ghana 112432.
2...
Reasons
1. Facts of recognition;
A. The identity of the Co., Ltd. filed a lawsuit against the Plaintiff on the claim for the payment of credit card use price by the Gwangju District Court 2003 Ghana 112432, and the judgment was finalized on November 29, 2003.
B. The identity of the Co., Ltd. transferred bonds based on the above judgment against the Plaintiff (hereinafter referred to as “instant bonds”) to the identity IMP, and the identity IM transferred the said bonds to the same securitization Co., Ltd., and the same securitization Co., Ltd., in order to the Defendant.
C. On May 21, 2015, the Defendant applied for the issuance of an execution clause to succession to the judgment on the credit card use price case by the Gwangju District Court 2003Gau112432. Using this, the Defendant received a collection order for the Plaintiff’s national bank, Nonghyup Bank, and Gwangju Bank as to the Plaintiff’s claims against the Plaintiff’s national bank, the NH Bank, and the Gwangju Bank.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. The statute of limitations interrupted due to a judicial claim as to the cause of claim runs anew from the time when the judgment became final and conclusive. As such, the statute of limitations run from November 29, 2003 when the judgment became final and conclusive.
Therefore, barring any special circumstance, a compulsory execution based on the instant claim shall not be allowed, barring any special circumstance, since the instant claim is deemed to have been extinguished upon the lapse of the extinctive prescription on November 29, 2013, which was ten years from November 29, 2003.
B. As to the Defendant’s defense, the Defendant notified the Plaintiff of the fact that the instant claim was transferred by continuous mail, etc., and notified the Plaintiff of the demand for reimbursement of the instant claim, etc., and thus, the statute of limitations was suspended. However, the Defendant notified the Plaintiff of the determination.
Even if an action is brought again within six months from then, the Civil Code shall be applied, such as attachment, provisional attachment, and provisional disposition.