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1. On June 11, 2001, the Jeonju District Court of Jinan-gun, Jinan-gun, the defendant's decision of performance recommendation against the plaintiff 2001Gaga1293.
Reasons
1. Basic facts
A. On December 29, 1995, Nonparty B obtained a loan of KRW 10,00,000 from the Jananan Credit Cooperative on November 3, 1998 at the interest rate of 13% per annum, and the Plaintiff and C jointly and severally guaranteed the above loan obligations.
B. The Janan Credit Union filed a lawsuit against the Plaintiff, B, and C seeking the payment of loans (Seoul District Court 2001 Jinan District Court 2001Gau1293). On June 11, 2001, the above court rendered a decision of performance recommendation (hereinafter “the instant decision of performance recommendation”) and served the Plaintiff on June 12, 2001, and the part against the Plaintiff was finalized on June 27, 2001.
C. On March 18, 2004, the Korea High Credit Cooperative was declared bankrupt, and on March 18, 2004, the Korea High Credit Cooperative Corporation transferred the above loan claim (hereinafter “instant claim”) to the Defendant. On April 9, 2004, the Defendant sent the notice of assignment to the Plaintiff.
The defendant filed an application for a seizure and collection order (the Jeonju District Court 2016 other 3375) with respect to the plaintiff's deposit claims against the Nonghyup Bank Co., Ltd. and Jinan Agricultural Cooperatives, and the above court issued a collection order on May 18, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Determination
A. The statute of limitations interrupted due to a judicial claim as to the cause of the claim, newly run from the time when the judgment became final and conclusive. As such, the statute of limitations has run from June 27, 2001 when the decision on performance recommendation of this case became final and conclusive. Accordingly, the statute of limitations has expired on June 27, 201 when ten years have elapsed since June 27, 2001.
Therefore, barring special circumstances, compulsory execution based on the instant decision on performance recommendation should not be allowed.
B. The defendant's defense 1) The defendant's defense B, the main debtor of the claim of this case, applied for bankruptcy and exemption.