(영문) 부산지방법원동부지원 2020.01.16 2019가단226014

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원동부지원 2020.01.16 2019가단226014

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 88,993,232 and KRW 34,361,918, among them, shall be fully paid from September 18, 2019.

Reasons

1. In full view of the entries in Gap evidence Nos. 1 and 3 and the purport of the entire pleadings, the Korea Credit Guarantee Fund (hereinafter "Nonindicted Company") filed a lawsuit against the defendants in Gwangju District Court No. 2010da8735, Jun. 29, 2010; "the defendant jointly and severally filed a lawsuit against the non-party company with 87,838,858 won and 87,384,818 won among them, 15% per annum from September 21, 2009 to May 15, 2010; and 20% per annum from the next day to the date of full payment; the above judgment became final and conclusive on July 20, 2010; and the plaintiff transferred the claim to the non-party company to the non-party company and notified the plaintiff of the interruption of the extinctive prescription of the claim to the non-party company; and the above company transferred the claim to the non-party company No. 3650, Aug. 17, 20105).

2. If so, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum to the Plaintiff, who is the assignee of the above claim (as to KRW 34,361,918 interest of KRW 54,631,314, and KRW 34,361,918 as of September 17, 2019), and as to KRW 34,361,918, which is the balance of principal, from September 18, 2019 to the day of full payment, to the day of full payment, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum to the Plaintiff.

In regard to this, the Defendants asserted that the statute of limitations expired, but on October 2, 2019, prior to the lapse of 10 years from the date the said judgment became final and conclusive, the fact that the Plaintiff applied for a payment order against the Defendants, and the instant lawsuit was pending, was clearly recorded, thereby suspending the statute of limitations.

In conclusion, the defendants' defense is without merit.

The Defendants assert the foregoing assertion by misunderstanding the initial date of extinctive prescription against the foregoing judgment claim.

유사 판례

-부산지방법원동부지원 2020.06.03 2020가단200100

-부산지방법원 동부지원 2018.06.14 2018가단206235

-부산지방법원동부지원 2019.07.25 2019가단211128

-서울중앙지방법원 2015.01.16 2014가단5247123

-서울북부지방법원 2021.04.02 2020가단111151