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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 9, 2005, the defendant (former trade name: EL Card Co., Ltd.) filed a lawsuit against the plaintiff, such as credit card use price, etc., by the Seoul Central District Court Decision 2005Da1785328, and was sentenced to a favorable judgment on September 9, 2005 that "the plaintiff shall pay to the defendant 18,282,897 won and 14,318,830 won with interest of 28% per annum from April 7, 2005 to the date of full payment." The above judgment became final and conclusive on October 13, 2005.
(hereinafter “instant judgment”). (b)
Since then, on December 15, 2010, the Defendant received a collection order for each claim against the Plaintiff’s bank and the Korean National Bank as the Seoul Central District Court Decision 2010TTT 48242, with the title of execution, with respect to each claim against the Plaintiff’s bank and the Korean National Bank, and the above order reached the Plaintiff on August 10, 201.
C. In addition, on June 14, 2013, the Plaintiff received the claim attachment and collection order with respect to the Plaintiff’s claim against the Republic of Korea as Seoul Central District Court 2013TTT19396, and the said order reached the Plaintiff on October 11, 2013.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff asserts that the defendant's claim based on the judgment of this case against the plaintiff was extinguished due to the expiration of the ten-year statute of limitations from October 13, 2005, which is the date when the judgment became final and conclusive, since the ten-year statute of limitations has expired. Accordingly, the defendant asserts that the statute of limitations of the above claim is suspended from the seizure and collection order against the plaintiff and did not proceed until now.
The fact that 10 years have elapsed from October 13, 2005, which became final and conclusive by the judgment of this case, is apparent by the calendar.
However, the Defendant received a collection order for each of the claims under the Seoul Central District Court No. 2010 Other 48242, 2013 Other 19396, with the title of execution before ten years elapse from the date the judgment of this case became final and conclusive. Each of the above orders was issued on August 10, 201 and August 10, 201 and August 2013.