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(영문) 부산지방법원동부지원 2017.08.16 2017가단5640
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of evidence No. 1, the Defendant applied for a payment order against the Plaintiff on June 1, 2010, and on June 4, 2010, the Defendant issued a payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 17,100,482 and the amount of KRW 4,627,50 among them calculated at the rate of 17% per annum from June 1, 2010 to the date of full payment,” and the above payment order (the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 2010 only 4973, hereinafter “instant payment order”) becomes final and conclusive.

2. Judgment on the plaintiff's assertion

A. The Defendant’s claim against the Plaintiff at the time the Defendant claimed the instant payment order had already expired ten years of extinctive prescription, and thus, the Defendant’s compulsory execution based on the instant payment order should be excluded.

B. According to the evidence No. 1 of the judgment, it is recognized that the Plaintiff’s maturity period for the Plaintiff’s claim against the Defendant was ten years since around 1996, as of the time of applying for the instant payment order.

Meanwhile, according to the evidence Nos. 1 and 2, the Seoul Guarantee Insurance Co., Ltd., which transferred its claim against the Defendant, filed a lawsuit against the Plaintiff seeking payment of the amount of credit on the instant payment order, and rendered a favorable judgment on August 22, 200 and November 28, 2000, and recognized the fact that each of the above judgments became final and conclusive around that time. Since the Defendant applied for the instant payment order on June 1, 2010, which was before the lapse of 10 years thereafter, the Plaintiff’s claim for the completion of extinctive prescription cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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