logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.01.23 2017가단213878
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 143,643,079 as well as KRW 110,003,417 from July 1, 2012 to the day of full payment.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1 and 5, the Korea Technology Finance Corporation filed a lawsuit against the defendant for the amount of compensation 2007da70946 with the Busan District Court as the same cause of the claim as the annexed sheet, and on July 25, 2007, the defendant transferred to the Korea Technology Finance Corporation the amount of KRW 110,537,948 and KRW 110,727 with respect to KRW 110,07 with respect to the amount of KRW 14% from September 28, 2005 to December 27, 2005, the following day to May 31, 2007, and KRW 16% with the amount from the next day to the day of full payment to the date of full payment, and this judgment was sentenced to the judgment of the court below that the plaintiff was obligated to pay the amount to the plaintiff within the limit of 12.17.21.21.207.

2. As to this, the defendant asserts that the claim acquired by the plaintiff has expired by prescription.

However, the extinctive prescription of the claim established by the judgment is ten years (Article 165(1) of the Civil Act), and the fact that the judgment of the Busan District Court 2007Kadan70946 was finalized on August 18, 2007 is as seen earlier, and it is apparent in the record that the Plaintiff applied for the payment order of this case on July 12, 2017, which was before the ten-year lapse. Thus, the extinctive prescription of the claim that the Plaintiff acquired by the Plaintiff was interrupted.

Therefore, the defendant's argument is without merit.

3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

arrow