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(영문) 부산지방법원동부지원 2017.04.12 2016가단217743
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 64,147,610 as well as KRW 27,824,305 as from August 1, 2016.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the defendants are jointly and severally liable to pay the money recorded in the order to the plaintiff, as the grounds for the claim are recognized as stated in the attached Table No. 1 (Provided, That "creditor" and "debtor" are "the defendant."

The Defendants asserted that the Plaintiff’s claim was extinguished by the lapse of the ten-year extinctive prescription period. However, in full view of the purport of the entire pleadings, the Korea Technology Credit Guarantee Fund that transferred the Plaintiff’s claim against the Defendants on November 29, 2006, which was rendered a favorable judgment against the Defendants on November 29, 2006, and the said judgment became final and conclusive at that time, and the Plaintiff filed an application for the instant payment order on October 25, 2016, in which the ten-year period has not elapsed since the Plaintiff’s claim was not completed.

The plaintiff's claim against the defendants is justified and accepted.

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