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(영문) 서울동부지방법원 2015.11.03 2015가단19835
양수금
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 95,522,594 and KRW 23,402,209 among them:

B. Defendant B is Defendant A.

Reasons

1. Claims against the defendant A and B

(a) Action for the interruption of extinctive prescription with the judgment of the Seoul District Court 2003Kadan107823 indicating the claim

B. Article 208(3)3 of the Civil Procedure Act of the judgment by publication

2. Claim against Defendant C

A. In full view of the purport of the arguments in Gap evidence Nos. 1 and 7 as to the cause of the claim, the non-party business-backed limited company filed a lawsuit against the defendants for the claim for the transfer amount of money from Seoul District Court 2003da107823, and filed a lawsuit against the defendants, and "the defendant A shall pay 18% interest per annum from December 17, 1999 to July 31, 2003; and 20% interest per annum from the next day to the day of full payment; the defendant C shall be jointly and severally paid to the defendants 6,852,464 won among the above money; 5,000 won among them to 5,00,000 won; and the plaintiff shall be paid 20% interest per annum from the next day to July 17, 199 to the day of full payment; and the plaintiff shall be paid 30% interest per annum from the next day to the day of the above decision to the day of full payment."

B. In light of the assertion that Defendant C’s assertion is one year of joint and several guarantee period, and that the guarantee period is not responsible for the termination of the guarantee period, the Defendant’s assertion cannot be accepted as it goes against the res judicata of the said judgment.

B. On October 5, 2003, the extinctive prescription period of the claim established by the judgment is ten years (Article 165(1) of the Civil Act), and the above assertion is without merit, and according to the evidence No. 6 through No. 7 of the above judgment, the final date of the judgment is October 5, 2003, but the plaintiff received the claim for the above judgment from the Roz special purpose company, which is the creditor of the above judgment, and issued the succession execution clause upon receipt of the claim for the above judgment from the Roz special purpose company at around 2009.

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