양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 28, 2004, the Credit Guarantee Fund provided credit guarantee to Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) in relation to obtaining a loan from D Bank, and the Defendants jointly and severally guaranteed the obligations to the Credit Guarantee Fund of Nonparty C.
B. On November 2, 2006, the non-party company filed a petition for bankruptcy with the Seoul Rehabilitation Court 2006Hahap61, and was declared bankrupt on November 24, 2006 by the same court.
(c)The Credit Guarantee Fund subrogated the amount of KRW 171,621,594 on February 20, 2007, upon the request of the D Bank's deposit.
After subrogation, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants, the guarantor, Seoul Western District Court 2007da37946, which was the Seoul Western District Court. On August 10, 2007, the above judgment became final and conclusive on September 1, 2007.
E. On September 25, 2014, the Plaintiff acquired the claims against the Defendants from the Korea Credit Guarantee Fund. On October 30, 2014, the Korea Credit Guarantee Fund issued a notice of the transfer of claims to the Defendants by content-certified mail.
[Ground of recognition] Uncontentious facts, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings
2. In regard to the Plaintiff’s assertion that the Plaintiff brought a lawsuit again for the interruption of extinctive prescription against the claim for indemnity that was transferred from the Korea Credit Guarantee Fund, the Defendants asserted that the extinctive prescription of the Plaintiff’s claim has expired after the lapse of 10 years from
As seen above, the previous judgment becomes final and conclusive on September 1, 2007, and it is apparent that the instant lawsuit was filed on January 12, 2018, and ten years have elapsed since it was filed.
The defendants' defense of extinction of prescription is with merit, and the plaintiff's assertion is without merit.
Therefore, the plaintiff's claim is dismissed for all reasons.