양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the parties’ assertion is that the Plaintiff Credit Guarantee Fund filed a lawsuit against Defendant Yong-Mon Co., Ltd. and Defendant A, etc. for the claim for reimbursement under the Seoul Western District Court Decision 2006Gadan8149, and the judgment in favor of the Plaintiff was rendered. The Credit Guarantee Fund transferred the above claim for reimbursement to the Plaintiff on September 25, 2014, and notified the Defendants thereof by the time of the said assignment of claim. As such, the Defendants are liable to pay the above claim
The Seoul Western District Court Decision 2006Kadan8149 decided on June 16, 2006 on the claim for reimbursement against the Defendants by the Korea Credit Guarantee Fund against the Defendants. Since the Plaintiff applied for the instant payment order after the lapse of 10 years therefrom, the said claim against the Defendants was expired.
Judgment
The Korea Credit Guarantee Fund filed a lawsuit against the Defendants as Seoul Western District Court 2006Kadan8149 and received a favorable judgment, and the facts that the above judgment claim was transferred to the Plaintiff do not conflict between the parties, and according to the evidence Nos. 5 and 6, it can be recognized that the above judgment against the Defendants became final and conclusive on June 16, 2006. Thus, it is apparent that the Plaintiff applied for the instant payment order against the Defendants on July 27, 2016, after the lapse of ten years from June 16, 2006, the date when the above judgment became final and conclusive, and thus, the claim against the Defendants was extinguished by prescription.
Therefore, the plaintiff's claim against the defendants is with merit. The plaintiff's claim against the defendants is without merit.
(3) The Defendants’ claim against the Defendants is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.