logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원동해시법원 2016.12.21 2016가단46
청구이의
Text

1. Loan case No. 2005 tea856, Jun. 14, 2005 against the defendant's plaintiff was extended to the defendant's defendant's plaintiff.

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation in bankruptcy of the East Sea Credit Cooperatives (hereinafter referred to as the “instant payment order”) received the payment order (hereinafter referred to as the “instant payment order”) from the above court on June 14, 2005, stating that “the debtor would pay to the creditor 19,603,272 won and damages for delay at the rate of 19% per annum from July 1, 2003 to the full payment date,” and the above payment order was finalized on August 25, 2005.

B. The above Korea Deposit Insurance Corporation filed an application for auction of real estate rent with respect to 206 square meters of reinforced concrete structure 4.10 square meters on the first floor of building C, the first floor of building C in the East Sea, which was owned by the above B, and on July 20, 2004, Gangnam Branch of the Chuncheon District Court rendered a decision to commence the auction of real estate rent (Scheon District Court Gangnam Branch Branch DD), and on July 23, 2004, the registration of the decision to commence the auction was completed.

In the above auction procedure, the above real estate was sold to E on April 26, 2006, and the defendant received dividends of KRW 152,016 on June 7, 2006.

C. On May 10, 2016, the Defendant acquired the claim for the instant payment order from the foregoing Korea Deposit Insurance Corporation, issued a seizure and collection order against the Plaintiff’s deposit claims against the Republic of Korea and the East Sea Agricultural Cooperative, etc., under the name of Gangwon-do District Court Branch Office 2016 Other Bonds 1361 based on the original copy of the said payment order.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant’s claim based on the instant payment order has expired at the expiration of 10 years of extinctive prescription on August 25, 2015, and thus, the date when the instant payment order became final and conclusive is August 25, 2005, and the Defendant applied for the issuance of the foregoing bond seizure and collection order on May 9, 2016, where the ten-year period was elapsed from the Defendant.

arrow