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(영문) 인천지방법원 2020.12.16 2020가단18773
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. According to the facts and the purport of the entire pleadings and facts without any dispute between the parties to the judgment as to the cause of the claim, the defendant filed a lawsuit against the plaintiff as the Incheon District Court 2010da28485 to seek payment of KRW 17,025,830, May 14, 2010, and sentenced the above court to "the plaintiff shall pay to the defendant 17,025,830 and interest calculated at the rate of 20% per annum from April 1, 2010 to the day of full payment." The above judgment is recognized as having become final and conclusive on June 8, 2010 (hereinafter "the final judgment of this case"). According to the above facts of recognition, the compulsory execution based on the final judgment of this case shall be denied since ten years have passed since the judgment of this case became final and conclusive, barring any special circumstances.

2. On the judgment on the defense, the defendant raises a defense that the extinctive prescription of the claim under the final judgment of this case was suspended by virtue of the seizure and collection order.

The prescription period, which has lapsed until the interruption of a claim, is not to be included in the case where the prescription period has been interrupted, but to proceed anew from the time when the cause for interruption ceases to exist (Article 178(1) of the Civil Act); and the effect of interruption of prescription by the “Attachment” among the causes for interruption of extinctive prescription can be deemed to have expired when the seizure is cancelled or the execution procedure is terminated

(See Supreme Court Decision 2014Da45317 Decided November 26, 2015). According to the overall purport of the statements and arguments as to this case’s health team, Eul’s evidence Nos. 1 and 2, the Plaintiff received, based on the final judgment of this case, the Plaintiff issued a seizure and collection order as to the Plaintiff’s deposit claim C against the third obligor Co., Ltd. as the Incheon District Court 2010 Other and 17410, based on the final judgment of this case. It is recognized that the said seizure and collection order was served to C on July 21, 2010. The Defendant’s claim against the Plaintiff by the final judgment of this case against the Plaintiff.

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