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(영문) 광주지방법원 2021.02.17 2020나54301

양수금

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The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. filed a lawsuit against the Defendant with the Seoul District Court's branch court's branch court's 2001Ga court's 32296, Nov. 15, 2001 against the Defendant for the claim for the amount of guarantee debt. On Dec. 26, 2000 to the Plaintiff for KRW 10,048,90 and its total amount of KRW 10,569 from the above court's 200 to Oct. 5, 201, and the amount of money calculated at the rate of 24% per annum 25% per annum from the next day to the date of full payment. The above judgment became final and conclusive on Dec. 15, 201 to the Defendant, and each of the instant claim was assigned to H Co., Ltd. 21, 201 to the Defendant on May 15, 201, and each of the instant claim was assigned to H Co., Ltd. 201.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, Eul evidence No. 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the principal and interest of the claim to the plaintiff who acquired the claim of the prior judgment of this case, unless there are special circumstances.

B. Defendant’s assertion and judgment that the claim of the preceding judgment of this case expired by the statute of limitations

As such, the statute of limitations is ten years in the case of a judgment gold claim, and the fact that the lawsuit of this case was filed on July 7, 2015, which was later ten years from December 15, 2001 when the judgment of the preceding case became final and conclusive, is apparent in the record. Thus, the statute of limitations has already expired before the lawsuit of this case is filed.

Therefore, the defendant's above assertion is justified.