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(영문) 광주지방법원 2016.02.17 2015나10956
양수금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. In the litigation proceedings instituted against the Defendants by the Korea Asset Management Corporation, the judgment that "the defendants jointly and severally pay to the Korea Asset Management Corporation the amount of 10,107,088 won and the amount of 19% per annum from July 27, 1999 to May 9, 2001, and 18% per annum from the next day to the date of full payment." (Seoul District Court 2004Gau186294) is sentenced on December 9, 2004 and became final and conclusive on January 4, 2005.

B. On August 28, 2012, the Korea Asset Management Corporation transferred to the Plaintiff the claims established by judgment as stated in the preceding paragraph, and notified the Defendants of such transfer on October 8 of the same year.

C. The Plaintiff filed the instant lawsuit to extend extinctive prescription of the foregoing claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-3, 4, and 4, the purport of the whole pleadings

2. According to the facts of paragraph (1) of the judgment on the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 10,107,088 won and 19% interest per annum from July 27, 1999 to May 9, 2001, and 18% interest per annum from the next day to the day of full payment.

3. Determination as to the defendants' defense

A. The Defendants asserted that the Plaintiff’s claim cannot be complied with due to the lapse of the statute of limitations of five (5) years ( Commercial Act) or ten (10) years (Civil Act).

B. Since a claim filed by the Plaintiff in this case is confirmed by a judgment entered in a claim 1-A, the period of extinctive prescription is ten years (Article 165 of the Civil Act), and the fact that the Plaintiff filed the instant lawsuit on September 18, 2014, which was before the lapse of ten years from January 4, 2005 when the said judgment became final and conclusive, is apparent in the record.

Therefore, the defendants' defense is without merit.

4. As such, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is justified on the grounds of its conclusion, and the appeal by the defendants is dismissed. It is so decided as per Disposition.

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