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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 46,010,074 and KRW 45,982,856 from May 30, 2001 to May 31, 2005.
Reasons
1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 through 3 (including branch numbers) as to the cause of the claim, the non-party Credit Guarantee Fund has filed a lawsuit against the defendants in the Changwon District Court (Seoul District Court 2006Gadan26147). The above court rendered a judgment on August 17, 2006 to the effect that "the defendants shall pay to the non-party Credit Guarantee Fund the money stated in Paragraph 1 of the Disposition." The above judgment became final and conclusive on September 28, 2006, and the non-party Credit Guarantee Fund transferred the claims based on the above final judgment to the plaintiff on November 29, 2013, and the notification of the transfer reached the defendants.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff money based on the above final judgment.
2. The Defendants asserted that the above claim was extinguished by prescription, but the claim established by a judgment became extinct by prescription after ten years from the date on which the judgment became final and conclusive. Since the Plaintiff’s filing of the lawsuit in this case on August 18, 2016, which was before the lapse of ten years from September 28, 2006, the date on which the judgment became final and conclusive, is obvious in the record, the above claim cannot be deemed to have expired by prescription.
Therefore, the defendants' assertion is without merit.
3. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all.