양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 4, 1997, when the decision-making Dispute Resolution Co., Ltd. purchases an automobile from the Dispute Resolution Co., Ltd., the Defendant jointly and severally guaranteed the payment obligation of the purchase price in the Dispute Resolution Co., Ltd., and the Defendant issued a promissory note causing KRW 16,6130,00 at par value, in collaboration with the Dispute Resolution Co., Ltd., and prepared a certified deed of a promissory note in relation thereto.
On September 1, 2003, the Daewoo Motor Vehicle Sales Co., Ltd. transferred all of the bonds to the Dispute Resolution Co., Ltd., and on October 31, 2012, the Dispute Resolution Co., Ltd. transferred the above bonds to the Plaintiff and sent notice of the above assignment to the Defendant at that time.
[Ground of recognition] The facts without dispute, Gap 1-3 evidence, and the purport of the whole pleadings, barring any special circumstance, the defendant is obligated to pay the above amount of bills or deposit to the plaintiff as the transferee of the bonds.
2. Determination on the defense, etc.
A. The defendant asserts that the defendant's claim against the defendant and the plaintiff were extinguished by prescription.
As to this, the plaintiff re-appeals that the extinctive prescription has been interrupted due to compulsory execution against the defendant.
B. (i) As to the bill gold obligation: Three years (Article 77(1)8 and Article 70(1) of the Bills of Exchange and Promissory Notes Act) (Article 77(1)8 and Article 70(1) of the Bills of Exchange and Promissory Notes Act), upon application by the KCAB to voluntarily hold a auction ( Daejeon District Court’s official branch), and received dividends of KRW 67,963,760 on September 30, 199 from the auction procedure. On January 11, 2000, the said “The Promissory Notes” was deemed as the claim bond, but the KCAB filed an application for cancellation of the said provisional attachment as of September 20, 2004 and terminated.
The Daewoo Motor Vehicle Sales Co., Ltd. that has acquired the claim from the KCAB Co., Ltd., received repayment of the total of KRW 10 million around May 2004, and KRW 10 million around August 2004, and KRW 20 million around August 2004.
On the other hand, the creditor-at-law agreement agreement is based on the above notarial deed.