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(영문) 대구지방법원포항지원 2020.10.06 2020가단105331
양수금
Text

The defendant shall pay 89,419,279 won to the plaintiff and 31,646,460 won from June 25, 2020 to the day of full payment.

Reasons

Attached Form

Facts of the cause of the claim are either disputed between the parties or acknowledged by adding up the whole purport of the pleadings in each entry in Gap evidence 1 through 10.

On the other hand, the defendant asserts that the extinctive prescription of the claim claim of this case has expired.

However, the submission of the list of individual rehabilitation creditors has the effect of interrupting the extinctive prescription and, barring any special circumstance, they are maintained while the individual rehabilitation procedures are in progress (see Supreme Court Decision 2013Da42878, Sept. 12, 2013), and where the confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry has the same effect as a final judgment on all of the individual rehabilitation creditors, and when a decision to discontinue the individual rehabilitation procedures becomes final and conclusive, any individual rehabilitation creditor may perform compulsory execution on

(Article 603(3) and (4) of the Debtor Rehabilitation and Bankruptcy Act. When an individual rehabilitation procedure is discontinued, the extinctive prescription period shall run anew from the time when the individual rehabilitation procedure is discontinued, and the extinctive prescription period of the individual rehabilitation claim finalized is ten years.

(1) Article 165(1) and (2) of the Civil Act provides that the period of extinctive prescription for the claim of this case shall be 10 years from the date of the discontinuation of the individual rehabilitation procedure on July 19, 201, and the plaintiff filed the lawsuit of this case before the expiration of 10 years from the date of the closure of the individual rehabilitation procedure, which became final and conclusive on January 3, 2007, by submitting the list of individual rehabilitation creditors including the “D Management Agency E” in the Daegu District Court Decision 2006Hu3006, Nov. 1, 2006, and thereafter, the defendant submitted the list of individual rehabilitation creditors including the “D Management Agency E” to the defendant.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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