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(영문) 서울남부지방법원 2015.04.02 2014나54439
양수금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The period of extinctive prescription of a claim finalized by the decision on performance recommendation shall be ten years even if the claim falls under the short-term extinctive prescription (Article 5-7(1) of the Trial of Small Claims Act and Article 165(2) and (1) of the Civil Act). Since the final and conclusive decision on performance recommendation has the same effect as a final and conclusive judgment, a creditor who takes over the claim under the final and conclusive decision on performance recommendation who has received the claim under the final and conclusive decision on performance recommendation may immediately execute a compulsory execution against the debtor's property by obtaining an execution clause succeeded to the execution recommendation decision, barring special circumstances such as that the ten-year extinctive

However, according to the evidence evidence Nos. 1, 2, 3, 5, and 7, the Plaintiff, the original creditor, filed a lawsuit against the Defendant for the payment of the credit card price of KRW 3,872,550, which was KRW 2006, 6555, which was decided on performance recommendation. The above decision on performance recommendation became final and conclusive on November 15, 2006, and thereafter the claim on the above decision on performance recommendation was made on September 28, 201, as Solomon Savings Bank on December 1, 201, as the limited company, and as the Plaintiff on May 21, 201, the Plaintiff did not exceptionally file the lawsuit seeking the payment of the above credit card price against the Defendant on May 4, 2013, and the Plaintiff did not constitute the interruption of the extinctive prescription period of the above lawsuit for the purpose of protecting rights when the extinctive prescription period of the suit was not allowed.

Therefore, the lawsuit of this case is dismissed in an unlawful manner, and the judgment of the court of first instance is unfair with different conclusions, and thus the judgment of the court of first instance is revoked and dismissed.

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