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1. The defendant's decision on performance recommendation for the case, such as the loan, etc. to the Busan District Court Branch 2001Gau13606.
Reasons
1. Basic facts
A. On February 20, 2001, the Defendant filed a lawsuit against the Plaintiff on March 14, 1997, claiming that “the Defendant paid the Plaintiff the due date on March 20, 1997, set the agreed interest at KRW 5,00,000, respectively, and lent KRW 5,000,000 to the Plaintiff (hereinafter “instant loan”),” and the Busan District Court rendered a decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) was finalized on March 23, 2001.
B. On February 7, 2017, in order to extend the extinctive prescription of the instant loan claims, the Defendant filed an application for payment order against the Plaintiff with Busan District Court 2017 tea358 on the ground of the filing of the application. At that time, the payment order ordering the payment of KRW 5,400,000, which is the sum of the principal and interest of the instant loan, and the delay damages therefrom (hereinafter “instant payment order”).
C. Accordingly, the above demand procedure was implemented as an ordinary litigation procedure by the Plaintiff’s filing an objection to the instant payment order. As a result, the above court rendered a judgment dismissing the lawsuit on November 14, 2017 on the ground that “The lawsuit of this case was filed in order to interrupt the extinctive prescription of the claim based on the decision of performance recommendation rendered by the Busan District Court Branch Branch Decision 2001Gaso13606, but the claim was already completed prior to the filing of the lawsuit of this case, and the Plaintiff (hereinafter “Defendant”) received the claim seizure and collection order issued by Busan District Court 2012TTTT 6364, but did not collect it in fact on the ground that the Defendant (hereinafter “Plaintiff”) did not waive the extinctive prescription interest.”
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s summary of the parties’ assertion is the instant loan.