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(영문) 전주지방법원 2016.07.15 2016가단13644
청구이의
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 August 14, 1997, Nonparty B borrowed KRW 50,000,00 from the Jeonbuk Bank Co., Ltd. as of August 14, 1998. The Plaintiff jointly and severally guaranteed the above obligations to Jeonbuk Bank Co., Ltd.

B. On November 8, 2007, 2007, the Jeonju District Court 2007da95228, which received the above credit from the Jeonyang Bank, filed a lawsuit against the Plaintiff for the claim of the transfer amount. On November 15, 2007, the decision of performance recommendation was made on November 15, 2007 that the Plaintiff would pay the principal and interest of the loan to the Social Co., Ltd., and the decision of performance recommendation became final and conclusive on December 6, 2007.

C. Tynman Loan Co., Ltd. acquired the above claims from Dongyang Social Co., Ltd. (the Dongyang Social Co., Ltd., was changed in the order of Dong Yangyang Social Loan Co., Ltd., and the order of Dongyang Capital Loan Co., Ltd.) and thereafter, it changed its trade name to Dong Yang F&A Loan Co., Ltd.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. The above loan claim of the Plaintiff is a commercial bond and the period of extinctive prescription is five years. On November 8, 2007, a social company established the same Yangyang filed a lawsuit for the claim for the amount of the above transfer on and after the lapse of five years from August 15, 1998 following the due date, and the claim of the social company established the same Yangyangyang has already expired by prescription.

Therefore, compulsory execution based on the above decision of performance recommendation should be rejected.

B. Therefore, according to the above evidence, the facts can be acknowledged after five years have elapsed from August 15, 1998, the following day after the period of filing a lawsuit claiming the amount of money under the Jeonju District Court 2007Gaso9528, Nov. 8, 2007, which was the time following the above payment period. However, according to the evidence No. 1 of the above evidence, the corporation is a stock company.

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