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1. The Plaintiff:
A. As regards Defendant A’s KRW 90,000,000 and its KRW 60,000 among them, Defendant A shall have the effect on August 20, 1998; and 10,000.
Reasons
1. In full view of the purport of each of the statements in Gap evidence Nos. 1 through 5 (including additional numbers), the Credit Guarantee Fund filed a lawsuit against Eul and the defendants for the claim of indemnity amount against the Seoul Central District Court 2009Kadan400192, on the ground of the claim of indemnity amount, and the above court on March 26, 2010 with the plaintiff:
(a) C: 117,681,844 won and 96,465,708 won among them, 18% per annum from March 12, 1999 to August 23, 199;
B. Defendant A is the above.
Of KRW 117,681,844, KRW 90,000 among them and KRW 60,000,000 among them shall be from August 20, 1998; KRW 10,000,000 from September 10, 1998; KRW 15,000,000 from September 21, 1998; KRW 5,000,000 from September 26, 1998 to August 23, 199, respectively; and
C. Defendant B and A jointly do the above.
Of the 117,681,844 won, 15,000,000 won and its amount per annum from September 20, 1998 to August 23, 1999; 25% per annum from the following day to January 13, 2010; and 20% per annum from the following day to the full payment date.
“The judgment was pronounced, and the above judgment became final and conclusive on April 15, 2010, and thereafter the Credit Guarantee Fund transferred the above claims against the Defendants of the Credit Guarantee Fund to the Plaintiff, and notified the Defendants thereof.
According to this, the Defendants are obligated to pay the money stated in Paragraph (1) of the Disposition, which the Plaintiff seeks within the scope of the judgment amount, to the Plaintiff who filed a lawsuit again for the extension of prescription
2. As to this, Defendant A asserts that the above claim acquired by the Plaintiff was extinguished by prescription.
However, the extinctive prescription of the claim established by the judgment is ten years (Article 165(1) of the Civil Act), and the fact that the judgment in the Seoul Central District Court case No. 2009Da400192 became final and conclusive on April 15, 2010 is as seen earlier, and it is obvious that the Plaintiff applied for the instant payment order on February 26, 2020, which was before the lapse of ten years thereafter, and thus, the Plaintiff acquired the instant payment order.