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(영문) 부산지방법원 동부지원 2017.03.29 2016가단216566

양수금

Text

1. The defendant shall pay to the plaintiff KRW 20,748,282 and KRW 20,127,732 from February 24, 2006 to May 23, 2006.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the defendant is obligated to pay the money recorded in the order to the plaintiff.

Although the Defendant asserts that the Plaintiff’s claim was extinguished due to the expiration of the extinctive prescription period, according to the evidence No. 1, the Korea Technology Credit Guarantee Fund that transferred the Plaintiff’s claim against the Defendant to the Plaintiff may recognize the fact that the said judgment became final and conclusive on October 9, 2006, upon being sentenced to the same judgment on October 20, 2006 against the Defendant. Since the Plaintiff applied for the instant payment order on October 7, 2016, for which ten years have not passed since the Plaintiff applied for the instant payment order, the Plaintiff’s claim against the Defendant was not completed.

The plaintiff's claim is justified and accepted.