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부산지방법원 2015.12.10 2015가단222919
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is based on the executory exemplification of this court's 2004Kadan14200 case.

Reasons

In addition to the purport of the entire argument in the statement in Gap evidence Nos. 1 through 3, the defendant filed a lawsuit against the plaintiff (this court 2004da142000) against this court, and this court rendered a judgment to the effect that on May 11, 2005, the plaintiff shall pay to the defendant 22,82,40 won and the amount calculated at the rate of 20% per annum from February 3, 2005 to the date of full payment. The same year is applicable.

5.27. Fact that the above judgment became final and conclusive, and fact that 10 years have elapsed since the above final and conclusive date, and no other counter-proofs exist.

Therefore, barring special circumstances, the Defendant’s claim based on the above judgment against the Plaintiff was extinguished by the statute of limitations.

As to this, the defendant's assertion on completion of prescription goes against the good faith principle.

Although it is alleged as abuse of rights or abuse of rights, there is no evidence to acknowledge the above assertion, the defendant's assertion is without merit.

Therefore, the claim of this case seeking non-permission of compulsory execution based on the above judgment is reasonable.

It is so decided as per Disposition.