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(영문) 부산지방법원 동부지원 2018.02.14 2017가단208548
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 76,437,734 won and 70,391,185 won among them.

Reasons

The defendants are jointly and severally liable to pay the money stated in the order to the plaintiff, in full view of the purport of the entire arguments in Gap evidence Nos. 1 through 4.

Although the Defendant movable property P&C asserted that the Plaintiff’s claim had expired by prescription, according to each of the evidence Nos. 5 and 6, the Seoul Guarantee Insurance Co., Ltd., which transferred its claim against the said Defendant to the said Plaintiff, was sentenced to a favorable judgment on December 18, 2006, and on January 13, 2007, the said judgment became final and conclusive. Since the Plaintiff applied for the instant payment order on January 9, 2017, which was before the lapse of 10 years from this, the Plaintiff’s claim against the said Defendant was not expired.

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