(영문) 부산지방법원 동부지원 2018.08.22 2018가단202301

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(영문) 부산지방법원 동부지원 2018.08.22 2018가단202301

양수금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against the Defendants under the Seoul Central District Court Decision 2005Da178619 (hereinafter “Korea Technology Finance Corporation”) on August 24, 2005 (hereinafter “Korea Technology Finance Corporation”) with respect to the claim for indemnity amount of KRW 85,594,800 and KRW 85,500 among the Defendants’ joint and several funds, 14% per annum from June 17, 2004 to September 16, 2004, 16% per annum from the following day to June 30, 2005, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”). The above judgment became final and conclusive on September 15, 2005 (hereinafter “instant judgment”).

B. On November 1, 2012, Nonparty Fund transferred its claim for indemnity (hereinafter “instant claim”) based on the instant judgment to the Plaintiff. On the same day, Nonparty Fund notified the Defendants of the assignment of claim on the same day.

【Ground for recognition】 Evidence No. 1, Evidence No. 2-1, and 2-2, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the acquisition amount to the Plaintiff, barring any special circumstance.

B. The Defendants asserted that the statute of limitations defense by the Defendants had expired by the statute of limitations.

In this case, the facts that the judgment of this case on September 15, 2005 became final and conclusive are as seen earlier. Since the fact that the plaintiff filed an application for the instant payment order against the defendants who must file on January 12, 2018 for the purpose of extending the extinctive prescription period of the instant claim against the defendants after the lapse of 10 years from the plaintiff is apparent in the record, the plaintiff's claim against the defendants was already extinguished by the extinctive prescription period prior to the filing of the instant lawsuit, and therefore, the defendants' defense of extinctive prescription has merit.

3. If so, the plaintiff's claim against the defendants in this case against the defendants is without merit, and all of them are dismissed.

유사 판례

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