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(영문) 대전지방법원 2016.12.28 2016가단215896
양수금
Text

1. The Plaintiff:

A. As to KRW 253,639,07 and KRW 20,000 among them, Defendant A Co., Ltd. shall start from June 8, 2016.

Reasons

1. Grounds for a claim: The grounds for the claim are as specified in attached Form 1;

(A) The obligee is the Plaintiff, and the obligor is the Defendant, respectively: Provided, That as stated in the Plaintiff’s purport of claim and the application for modification of the cause of claim as of December 15, 2016, Defendant C’s fundamental guarantee limit is KRW 100 million, and Defendant D’s fundamental guarantee limit is KRW 40 million, Defendant C and D are jointly and severally liable with Defendant A within the scope of the above fundamental guarantee limit.

2. Confession: The Defendants are deemed not to be dissatisfied with the facts of the cause of the claim (Article 150 of the Civil Procedure Act). 3. The Defendants asserted that the statute of limitations defense, even if the Plaintiff’s claims against the Defendants, the statute of limitations defense expired after the lapse of five years as commercial claims.

If the purport of the entire pleadings is added to the statement of evidence Nos. 5 and 6, it is recognized that the date when the claim is created against the Defendants by the transferor of the claim to the Plaintiff on April 26, 2004 and October 11, 2004, and the maturity date is later. Within five years from the date when the above claim is established, the Defendant Company A and C applied for a payment order based on the above claim, filed a lawsuit against the Defendant D, and the payment order becomes final and conclusive on July 12, 2006, and the winning judgment became final and conclusive on January 26, 2007.

Since the period of extinctive prescription of a claim established in a payment order is extended to 10 years even if it falls under the short-term extinctive prescription (see Supreme Court Decision 2009Da39530, Sept. 24, 2009). Thus, the ten-year period of extinctive prescription runs again from the date of the above determination.

On June 14, 2016, the period of extinctive prescription has not elapsed since the Plaintiff who acquired the claim against the Defendants, filed an application for a payment order of the acquisition money claim of this case on June 14, 2016, respectively, within ten years from the date of the above payment order

The defendants' defenses are without merit.

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