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(영문) 서울서부지방법원 2016.10.20 2015가단249423
양수금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 45,699,814 and KRW 21 million among them:

(b) Defendant C, D, E, and F.

Reasons

Attached Form

(Revised) The facts alleged in the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including additional number). Thus, the defendants are liable to pay the plaintiff the money stated in the order.

In regard to this, the defendant company asserted that the claim for the amount of money transferred by the plaintiff against the defendant company was extinguished by the lapse of the five-year commercial prescription period. However, according to the above evidence, the defendant company asserted that ① Solomon Mutual Savings Bank filed a lawsuit against the defendant company on October 6, 2005 against the claim for the amount of money transferred by transfer, and rendered a favorable judgment from the Seoul Central Court on October 6, 2005, and the judgment became final and conclusive around that time. ② The plaintiff can be acknowledged that the plaintiff received the claim for the amount of money transferred from the above savings bank on April 29, 201, and then filed the lawsuit of this case on September 15, 2015, which was ten years after the above judgment became final and conclusive. Thus, the above

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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