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(영문) 창원지방법원진주지원 2020.10.13 2020가단2157
청구이의
Text

The defendant's compulsory execution against the plaintiff is denied based on the judgment of 99 Ghana34383 delivered on November 11, 1999.

Reasons

The facts confirmed on December 15, 199 by the Defendant, upon filing a lawsuit against the Plaintiff and C, sentenced to the judgment as stated in paragraph (1) of the order, are either disputed between the parties or acknowledged by the entry of the evidence No. 1.

Since the claim established by a judgment becomes extinct after the lapse of ten years (Article 165(1) of the Civil Act), it is deemed that the statute of limitations has expired after the lapse of ten years from the date of the above determination.

In regard to this, the defendant asserts that the period of prescription of the above judgment claim has been suspended since the defendant urged payment to C several times as the principal debtor, but the defendant's assertion alone is difficult to recognize such fact.

Therefore, compulsory execution based on the above judgment should not be permitted, so it is decided as per Disposition by accepting the plaintiff's claim.

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