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(영문) 부산지방법원 동부지원 2018.04.26 2017가합106595
양수금
Text

1. The defendant shall be jointly and severally liable to the plaintiff 254,494,068 won and 254,493,784 won among them.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (Korea Technology Finance Corporation) filed a claim for indemnity against Jeong Textiles Co., Ltd., Defendant, and B (Seoul Central District Court 2007Dadan232043) and received a favorable judgment on September 20, 2007, and the said judgment became final and conclusive on October 17, 2007.

(hereinafter “Prior Judgment”). (b)

On September 29, 2016, the Korea Technology Finance Corporation transferred the claim for reimbursement under the preceding judgment to the Plaintiff, and notified the Defendant of the fact of transfer on the same day.

[Grounds for recognition] The descriptions of Gap 1 and 2 and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff the money set forth in paragraph (1) of this Article.

Although the defendant asserts that the above claim has expired, the extinctive prescription of the claim established by the judgment is ten years even if it constitutes a short-term extinctive prescription (Article 165(1) of the Civil Act). Since the fact that the plaintiff applied for the payment order of this case on July 25, 2017 before the lapse of ten years from the date the preceding judgment becomes final and conclusive is apparent in the record, the above argument by the defendant is groundless.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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