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(영문) 대구지방법원영덕지원울진군법원 2020.07.03 2020가단29
청구이의
Text

1. The defendant's indemnity against the plaintiff at the Daegu District Court of the Daegu District Court (Seoul District Court of the 31 August 1999) against the defendant is the amount of compensation No. 99j1212 dated August 31, 199.

Reasons

1. Facts of recognition;

A. On July 1, 1996, the Defendant filed an application against the Plaintiff for a payment order claiming the payment of the indemnity amount (hereinafter “instant payment order”) against the Plaintiff on the ground that the Plaintiff subrogated as a joint guarantor on July 1, 1996 as the Daegu District Court, Young-gun District Court 9j1212 (hereinafter “instant payment order”). The above court issued the above payment order on August 31, 199, and on September 11, 1999, the Plaintiff was served with the original copy of the above payment order on September 11, 199, and the said payment order became final and conclusive as is September 28, 1999.

B. After that, the Defendant filed an application for the seizure and collection order under the Daegu District Court Young-gu District Court Young-gu Branch 2009TTT 618 with respect to the wage claim that the Plaintiff possessed against Ulsan-gun based on the original copy of the instant payment order, and the above court issued the seizure and collection order on September 30, 2009.

C. Accordingly, the Plaintiff paid KRW 20 million to the Defendant for the partial repayment of the claims under the instant payment order. On October 21, 2009, the Defendant submitted an application for cancellation of attachment and renunciation of collection to the above court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts, it is determined that the extinctive prescription has expired after the lapse of 10 years from October 21, 2009 (the starting point of the extinctive prescription claimed by the plaintiff) from which the defendant submitted the application for cancellation of attachment and waiver of collection.

B. As to this, the Defendant, around November 12, 2014 and around November 27, 2018, prior to the completion of the above extinctive prescription, requested the Plaintiff to pay the remainder of the claims arising from the instant payment order by sending the certificate of content to the Plaintiff. Accordingly, the Plaintiff’s remaining claims arising from the instant payment order were issued several times around that time.

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