1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 30, 2004, the defendant (the defendant collectively before and after the change, hereinafter referred to as "the defendant") filed a lawsuit against the plaintiff as Seoul Central District Court 2004da359060, and was sentenced to a favorable judgment on December 30, 2004 that "the plaintiff shall pay to the defendant 56,853,170 won and 32,652,210 won among them at the rate of 30% per annum from December 20, 200 to the date of full payment." The above judgment became final and conclusive on January 27, 2005.

(hereinafter “instant judgment”). (b)

Since then, on September 15, 2006, the defendant received a seizure and collection order as to the plaintiff's claim against Samsung Fire Marine Insurance Co., Ltd. as the title of execution with the Suwon District Court's Ansan Branch 2006TTT 5090, and the above order reached the plaintiff on October 17, 2006.

C. In addition, on October 31, 2016, the Defendant received a collection order for the Plaintiff’s claims against the Republic of Korea, etc. under the title of execution under the Suwon District Court’s Ansan Branch 2016TT12801.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserted that the defendant's claim based on the judgment of this case against the plaintiff of this case was extinguished due to the expiration of the ten-year statute of limitations from January 27, 2005, which is the date when the judgment became final and conclusive, since the ten-year statute of limitations has expired. Accordingly, the defendant asserted that the statute of limitations of the above claim against the plaintiff was suspended from the seizure and collection order against the plaintiff on October 17, 2006 and did not proceed until now.

The fact that 10 years have elapsed from January 27, 2005, which became final and conclusive by the judgment of this case, is apparent by the calendar.

However, after the judgment of this case was rendered by the defendant, the above judgment on September 15, 2006 was executed by the execution title, and the claim against the plaintiff Samsung Fire Marine Insurance Co., Ltd. as the defendant's 2006TTT 5090.