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(영문) 서울중앙지방법원 2018.10.18 2018가단5158917
양수금(시효연장)
Text

1. The Defendant’s KRW 100,000,000 as well as 18% per annum from August 27, 2008 to October 20, 2008 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) On May 27, 1996, Japan Bank Co., Ltd. (hereinafter “Nonindicted Bank”) concluded a credit limit transaction agreement with the Defendant Company with a joint and several surety of Nonparty B on a lending limit of KRW 200 million, with the Defendant Company’s credit limit of KRW 322,00,000,000, with the Defendant Company transferred and discounted seven promissory notes from the Defendant Company.

(2) After that, the Defendant Company lost the benefit of time by delaying the repayment of the above principal and interest on the agreed date.

(3) Accordingly, the non-party bank received a favorable judgment against the defendant company by filing a claim suit, such as the purchase price, with the Seoul District Court 98Kadan190628, and the above judgment became final and conclusive on February 5, 199.

(4) On December 30, 1999, the non-party bank transferred claims based on the above judgment to the Liquidation Corporation. On December 28, 2000, the Liquidation Corporation re-transfered the above claims to the non-party Korea Asset Management Corporation, and the fact of the transfer was notified to the defendant company.

(5) On October 9, 2008, the non-party Asset Management Corporation filed a lawsuit against the defendant company and the joint guarantor 2008Gahap98155 in this court. On December 18, 2008, the court rendered a judgment in favor of the plaintiff that "the defendant jointly and severally paid to the plaintiff the amount of KRW 836,570,264 and KRW 305,977,710 among them, 18% per annum from August 27, 2008 to October 20, 208, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on February 7, 2009.

(6) Meanwhile, on September 18, 2012, Nonparty Korea Asset Management Corporation transferred its claim based on the above judgment to the Plaintiff, and notified the Defendant Company by content-certified mail.

(7) After that, the Plaintiff filed the instant lawsuit claiming the same cause as the above 2008Gahap981555 in order to extend the extinctive prescription of the above claim because there is a concern for the completion of extinctive prescription of the above claim.

except that the amount of claim shall be ordered.

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