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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. As to the cause of claim
A. A. On April 20, 2004, E Co., Ltd. (hereinafter “E”) entrusted the Defendant with all matters, including the management of instructors of the Computer Institute Education Project operated with F brand, and received KRW 100 million from the Defendant. (2) On August 29, 2006, E agreed to pay KRW 100 million to the Defendant by December 30, 2006, and the Plaintiff and G drafted the instant authentic deed with joint and several liability.
[Grounds for recognition] The written evidence Nos. 2, 3, and 4 and the purport of the whole pleadings
B. Since the maturity period of the claim on the Notarial Deed of this case was December 30, 2006, and five years have elapsed thereafter, the above claim had already expired by prescription.
Therefore, compulsory execution based on the Notarial Deed of this case should be denied.
2. As to the defendant's argument
A. The Defendant’s assertion 1) around 2008, which was prior to the expiration of the extinctive prescription period, received a seizure and collection order as to the above claim against E and the Plaintiff’s third obligor, and thus, the said extinctive prescription was interrupted. 2) The above seizure by the Plaintiff’s Defendant became impossible to execute due to the absence of the seized claim, and the extinctive prescription was newly completed from February 24, 2008 when the procedure for the seizure and collection order was completed.
B. The facts of recognition 1) On February 4, 2008, the Defendant received a seizure and collection order of deposit claims against the H organization based on the claim on the instant notarial deed (principal amount of KRW 80 million, interest amount of KRW 2,735,304) by the Daejeon District Court 2008TTT781. The Defendant did not have any balance as of February 4, 2008 and May 10, 2017. 2) on February 1, 2008, based on the claim on the instant notarial deed (principal amount of KRW 80 million, interest amount of KRW 2,735,304) and the balance as of February 4, 2008 and May 10, 2017 as of May 1, 2017.