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(영문) 인천지방법원 2020.07.17 2019가단34113
청구이의
Text

The defendant's compulsory execution against the plaintiff is based on the Incheon District Court Decision 2009Gaso92633 decided May 12, 2009.

Reasons

According to Gap evidence Nos. 1 (including additional number) and Gap evidence Nos. 2, the defendant filed a lawsuit against the plaintiff (this court 2009 Ghana92633) with this court for the payment of the acquisition amount (this court) and was sentenced by this court on May 12, 2009 to "the plaintiff shall pay 8,291,010 won to the defendant and 5% per annum from September 26, 2003 to May 5, 2009, and 20% per annum from the next day to the day of complete payment (hereinafter "the judgment of this case"). The judgment of this case can be acknowledged that the judgment of this case became final and conclusive on June 5, 2009.

According to the above facts, since the period of extinctive prescription of a claim by the judgment of this case is ten years, the extinctive prescription of a claim by the judgment of this case was completed on June 5, 2019, ten years from the date when the judgment of this case became final and conclusive.

Therefore, since the extinctive prescription of the claim by the judgment of this case has expired, compulsory execution based on the judgment of this case is not allowed.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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