(영문) 수원지방법원안산지원 2020.09.23 2020가단75722

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(영문) 수원지방법원안산지원 2020.09.23 2020가단75722

청구이의

Text

1. The defendant's joint office of notary public against the plaintiff of D, No. 1650, Nov. 6, 2008, has executory power of November 2008.

Reasons

1. Basic facts

A. On November 6, 2008, pursuant to a monetary loan agreement between the Plaintiff and the Defendant on December 30, 2008, the debt of KRW 20 million shall be due and payable on December 30, 2008. In the event that the Plaintiff fails to perform the above monetary obligation, a notary public joint office No. 1650 of 2008 (hereinafter “notarial deed of this case”) with the purport that it is acknowledged that there is no objection even if compulsory execution is conducted immediately.

B. On May 29, 2020, the Defendant issued an order of seizure and collection on June 4, 2020 with respect to the Plaintiff’s Bank of Korea, E, and the deposit refund claims against the Republic of Korea, etc., under the Seoul District Court Branching 2020 other debt 59424, with the amount claimed as KRW 65,810,944.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The plaintiff asserts that the plaintiff's claim based on the notarial deed of this case was treated by the defendant as a loan to the plaintiff, and the period of extinctive prescription is three years since the period of extinctive prescription expires, the compulsory execution based on the notarial deed of this case shall not be permitted. 2) The defendant asserts that the claim based on the notarial deed of this case was lent to the plaintiff the amount equivalent to the defect repair occurred while the plaintiff constructed the notarial deed of this case, and that the period of extinctive prescription is ten years.

B. In light of the determination, the Plaintiff’s claim for the instant notarial deed is the Plaintiff’s claim for defect repair against the Defendant, and the Plaintiff’s repayment of KRW 3 million to the Defendant on April 29, 201, and KRW 3 million on May 31, 2011 is not a dispute between the parties, and thus, the period of extinctive prescription is three years pursuant to Article 163 subparag. 3 of the Civil Act.

However, the defendant's defect repair money from the plaintiff.

참조조문

-민법 제163조 제3호

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