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(영문) 부산지방법원 동부지원 2018.08.09 2018가단210081

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 72,074,913 and KRW 71,106,903 among them, from November 2, 2004 to May 2, 2005.

Reasons

1. Basic facts

A. On April 25, 2008, the Busan District Court issued an order to pay the Credit Guarantee Fund the amount of KRW 72,074,913 and KRW 71,106,903 to the Credit Guarantee Fund jointly and severally, and the amount of KRW 18% per annum from November 2, 2004 to May 31, 2005, annual interest rate of KRW 15% from the following day to May 8, 2008, annual interest rate of KRW 20% per annum from the next day to the date of full payment.” The above payment order was finalized on May 23, 2008.

B. The Credit Guarantee Fund shall be the Plaintiff on June 30, 2015.

Around that time, the claims based on the payment order stated in the port were transferred, and the above transfer was notified to the Defendants by content-certified mail.

C. The plaintiff is the above A.

On May 9, 2018, an application for the instant payment order was filed on May 9, 2018 to extend the prescription of the claim based on the payment order stated in the port.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, inasmuch as the Plaintiff applied for the payment order in this case for the extension of the extinctive prescription of the claim established by the payment order in the above Busan District Court case No. 2008Da105477, it is reasonable to deem that the lawsuit in this case has a benefit of lawsuit as a re-litigation for the interruption of extinctive prescription. Thus, barring special circumstances, the Defendants are jointly

B. Defendant A’s claim regarding Defendant A’s assertion was found to have been declared bankrupt on December 23, 2009, and the Plaintiff’s claim against the above Defendant was unjust.

On July 5, 2008, Defendant A declared bankrupt on July 5, 2008 by Busan District Court 2008Hadan2817, and Defendant A requested exemption on December 23, 2009 by 208.