beta
(영문) 부산지방법원 동부지원 2018.11.29 2018가단214625

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 129,773,032 and the amount of KRW 36,995,814 from July 11, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On August 208, 2008, a limited liability company specializing in desired Am-backed securitization filed a lawsuit against the defendant and the joint guarantor B, a principal debtor, including a loan agreement, etc., with Cheongju District Court Decision 2008Da18789, and passed a lawsuit against the defendant and the joint guarantor B, a joint guarantor, and passed a final judgment of the court below that "the defendant received 17% interest rate of 67,335,248 won and 36,95,814 won per annum from June 3, 2008 to the day of full payment, and Eul received 27,852,851 won among the above 67,335,248 won and 13,914,265 won per annum from June 3, 2008 to the day of full payment, and the above judgment became final and conclusive around that time."

B. On January 26, 2018, a limited liability company specializing in the aforesaid securitization is the Plaintiff.

Around that time, a claim for a judgment entered in the port was transferred, and the defendant was notified of the transfer by content-certified mail.

C. As of July 10, 2018, the above A

The principal balance of the judgment bond stated in the paragraph is 36,95,814 won, and the total overdue interest is 92,77,218 won.

The plaintiff above A.

The instant lawsuit was filed on July 12, 2018 for the extension of the prescription period of the claim for the judgment deposit stated in the claim.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1 and 2, 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 filed the lawsuit in this case for the purpose of extending the extinctive prescription of the claim established by the final judgment of the above Cheongju District Court case No. 2008Kadan18789, it is reasonable to deem that the lawsuit in this case has a benefit of lawsuit as a re-instigation of a suit for the interruption of extinctive prescription, barring any special circumstance, the Defendant is liable to pay the Plaintiff

B. The defendant's assertion is determined after the judgment of the defendant as the principal debtor and B, a joint guarantor, became final and conclusive in the above Cheongju District Court case No. 2008Gadan18789.