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(영문) 춘천지방법원 인제군법원 2017.02.15 2016가단31
청구이의
Text

1. The defendant's decision on recommendations for execution of the case, such as the defendant's loan to the Chuncheon District Court 2001Gau339.

Reasons

1. Basic facts

A. On November 2001, the Korea Deposit Insurance Corporation of the Bankrupt Credit Cooperatives loaned 14.5% per annum interest, 22% per annum, overdue interest, and 2 million won as of September 17, 1992 against the Plaintiff, B, and C on September 6, 1991. The Plaintiff and C jointly and severally guaranteed this amount. The Plaintiff asserted that the principal and interest are not paid after the repayment of the interest until June 10, 1997, and filed a lawsuit for the claim for loans, etc.

(S) On November 27, 2001, the above court decided to make a recommendation for performance that "the plaintiff, B, and C shall jointly and severally pay 200,000 won and 22% per annum from June 11, 1997 to the date of delivery of a copy of the complaint of this case to the Korea Deposit Insurance Corporation of the Jeju High Credit Cooperatives, and 25% per annum from the next day to the date of full payment." The above recommendation decision was finalized on December 23, 2001 to the plaintiff after the delivery to the plaintiff of December 8, 2001.

B. On March 21, 2008, the defendant was issued an execution clause by succession to the decision of performance recommendation as a successor to the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation for the Bankrupt Credit Cooperatives.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. The statute of limitations interrupted by a judicial claim is newly run from the time when the judgment became final and conclusive. As such, the statute of limitations of the instant claims shall run from December 23, 2001 when the decision of performance recommendation becomes final and conclusive.

However, since the claim of this case was completed and extinguished after the lapse of ten years from December 23, 2001, compulsory execution based on the claim of this case cannot be permitted.

3. The plaintiff's claim of this case is justified.

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