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(영문) 부산지방법원 동부지원 2017.01.18 2016가단216009

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 79,279,329 and the amount of KRW 29,949,80 from August 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 25, 2006, the Korea Credit Guarantee Fund filed a lawsuit for the amount of indemnity with the Busan District Court 2006Kadan101379 against the Defendant, the primary debtor for the liability for indemnity under a credit guarantee agreement, and was sentenced on October 25, 2006 that "the Defendant shall pay to the Plaintiff 29,998,351 won and 29,949,804 won with 18% per annum from December 22, 2004 to May 31, 2005, 15% per annum from the next day to September 16, 2006, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on November 14, 2006.

B. After that, the Plaintiff received the foregoing judgment from the Credit Guarantee Fund on June 30, 2015.

(c)The Credit Guarantee Fund shall be the same;

Around the date of assignment of claims indicated in paragraph (1), the defendant was notified of the above transfer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay the amount stated in the claim to the plaintiff who acquired the claim from the Korea Credit Guarantee Fund, and on the other hand, the lawsuit of this case filed for the purpose of the extension of the statute of limitations due to the imminent completion of the statute of limitations after the judgment of the previous lawsuit

B. The defendant's defense was defense that the claim of this case had already been extinguished due to the completion of extinctive prescription. However, the fact that the Credit Guarantee Fund filed a lawsuit against the defendant on October 25, 2006 by Busan District Court Decision 2006Da101379 and was sentenced to a favorable judgment on October 25, 2006 that the above judgment became final and conclusive on November 14, 2006 is as stated above, and the period of prescription suspended due to a judicial claim is new from the time when the judgment became final and conclusive (Article 178 (2) of the Civil Act). The above claim is a claim based on the final and conclusive judgment and its extinctive prescription is ten years, and the plaintiff is on November 14, 2006.