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(영문) 부산지방법원동부지원 2016.06.07 2015가단212345

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 52,567,783 and KRW 52,474,824 from January 31, 2005 to April 2005.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. The judgment deeming confession (Article 208(3)2 of the Civil Procedure Act) - Defendant B asserts to the effect that the extinctive prescription has already been completed for the instant claim for transfer money. However, according to each of the evidence Nos. 1 through 2, the Korea Technology Credit Guarantee Fund, the transferor of the instant claim for transfer money, filed a lawsuit against the Defendant B by Seoul Central District Court 2005Da147622, and the said lawsuit was finalized on September 14, 2005 after the judgment in favor of the Plaintiff was rendered on September 14, 2005 and confirmed on October 13, 2005. The Plaintiff received the final claim from the Korea Technology Credit Guarantee Fund prior to the expiration of 10 years, and filed the lawsuit of this case on September 11, 2015, the extinctive prescription of the Plaintiff’s claim for transfer money against Defendant B was not completed. Therefore, the aforementioned assertion by Defendant B is without merit.