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(영문) 부산지방법원동부지원 2017.06.13 2017가단202724

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 259,025,854 as well as KRW 96,030,152 as to the Plaintiff from January 1, 2017.

Reasons

1. In full view of the purport of each statement in Gap evidence Nos. 2 through 5 (including branch numbers), the Korea Credit Guarantee Fund filed a lawsuit against the defendants for the payment of indemnity amount under the Gwangju District Court 2006Gahap5347, Dec. 19, 2006, with the judgment of the court below that "the defendants jointly and severally pay 154,40,726 won to the Korea Credit Guarantee Fund and 153,606,986 won, 15% per annum from January 5, 2006 to August 3, 2006, and 20% per annum from the next day to the date of full payment." This judgment became final and conclusive on Jan. 14, 2007; the Korea Credit Guarantee Fund transferred the above claims to the plaintiff on June 30, 2015; and notified the defendants of this fact. < Amended by Act No. 13303, Jun. 30, 2015>

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 259,025,854 won and 96,030,152 won, which the Plaintiff seeks, with 12% interest per annum from January 1, 2017 to the date of full payment.

2. As to this, the Defendants asserted that the claims acquired by the Plaintiff were extinguished upon the completion of the statute of limitations.

In light of the foregoing, the extinctive prescription of a claim established by a judgment is ten years even for short-term extinctive prescription (Article 165(1) of the Civil Act). The Korea Credit Guarantee Fund filed a lawsuit claiming the payment of the amount of compensation against the Defendants and received a judgment of acceptance by the Korea Credit Guarantee Fund. The facts that this judgment became final and conclusive on January 14, 2007 are as seen earlier, and it is apparent in the record that the instant lawsuit was filed on January 5, 2017, which was ten years after the said lawsuit was filed. As such, the period of extinctive prescription of the Plaintiff’s claim for the amount of money taken over,

Therefore, the defendants' assertion is without merit.

3. If so, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.