logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.12 2018가단5059423
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from July 7, 2017 to the date of full payment.

Reasons

Attached Form

The facts stated in the cause of the claim do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in each statement in Gap evidence 1 through 3. Therefore, the defendants are liable to pay the plaintiff the money stated in paragraph (1) of this Article

Defendant A Co., Ltd (hereinafter “Defendant Company”) asserts that the extinctive prescription of the Defendant Company’s claim against the Defendants, which was interrupted after being distributed on August 22, 2012, has expired five years after the said distribution date, in the auction procedure for the real estate of the Defendant Company.

According to the evidence evidence evidence evidence evidence evidence No. 2, the above limited company was deemed to have received dividends on August 22, 2012 in the auction procedure for the real estate of the defendant company (Sasan Branch of Daejeon District Court), but according to the statement No. 4-1 and No. 2 of the evidence No. 4-2, the above limited company applied for a payment order (Seoul Central District Court 2017 tea37884) against the Defendants on July 24, 2017, before five years have passed since the above limited company received dividends on July 24, 2017, and it was recognized that the above application was withdrawn on December 18, 2017, and since the plaintiff filed the lawsuit of this case on March 26, 2018, which was six months have passed thereafter, the statute of limitations on the Plaintiff's claims against the Defendants was suspended on July 24, 2017.

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted, and it is so decided as per Disposition.

arrow