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(영문) 부산지방법원 2015.09.08 2015가단33225
대여금
Text

1. The defendant shall pay 359,295,370 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Busan District Court rendered a favorable judgment against the Defendant on November 30, 2004 that “The Defendant shall pay KRW 359,295,370 to the Busan District Court,” and the above judgment became final and conclusive on December 22, 2004.”

(hereinafter referred to as “previous judgment”). (b)

The company's trade name was changed to Yong-Nam Savings Bank corporation through Yong-Nam Mutual Savings Bank corporation, and Yong-Nam Savings Bank corporation was declared bankrupt on September 26, 2013 and the plaintiff was appointed as bankruptcy trustee on September 26, 2013 by Busan District Court 2013Hahap16.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay KRW 359,295,370, the previous judgment amount to the plaintiff who filed the lawsuit in this case for the interruption of extinctive prescription of the previous judgment.

3. Judgment on the defendant's assertion

A. The defendant asserts that the lawsuit of this case was filed after the lapse of 10 years since the previous judgment became final and conclusive, and that the claim based on the previous judgment has become final and conclusive.

Accordingly, the plaintiff asserts that the extinctive prescription was suspended since he/she applied for a payment order before the expiration of 10 years, and applied for a payment order again within six months after the withdrawal.

According to the statement No. 3-1 and No. 2 of the evidence No. 3-2, on Nov. 21, 2014, before ten years have passed since the previous judgment became final and conclusive, the Plaintiff applied for a payment order (hereinafter referred to as “the first payment order”) as the Busan District Court 2014 tea15949 with respect to claims based on the previous judgment on Nov. 21, 2014, and revoked the application for the first payment order on Jan. 30, 2015, and on Feb. 2, 2015, the Plaintiff again applied for a payment order as the Busan District Court 2015 tea1425 with respect to the above claims.

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