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(영문) 수원지방법원 여주지원 2018.10.31 2018가단1980
청구이의
Text

1. Compulsory execution against the Defendant’s joint office against the Plaintiff based on No. 8114, 2007 No. 8114.

Reasons

1. Facts recognized;

A. On June 6, 2007, a notarial deed stating the purport of the claim (hereinafter “notarial deed of this case”) that the Defendant is to receive a loan of KRW 15,200,000 from the Plaintiff (hereinafter “the loan of this case”) in installments over 190 times until December 12, 2007 was drafted.

B. On March 7, 2018, the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claims against Myun Agricultural Cooperatives by using the authentic copy of the instant notarial deed as the executive title to the instant court on March 7, 2018, and this court accepted the said application on March 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, and 3-2, the purport of the whole pleadings

2. The Plaintiff asserts that, as the instant loan claim has expired by prescription, compulsory execution based on the Notarial Deed should be denied.

On December 12, 2007, the repayment period of the instant loan claim is the same as December 12, 2007, and on March 7, 2018, which was ten years after the Defendant passed thereafter, the fact that the Defendant applied for a compulsory execution with the authentic copy of the instant authentic deed as an executive title is recognized earlier.

Since the loan claim of this case has expired due to the completion of prescription, compulsory execution based on the notarial deed of this case shall not be permitted.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

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