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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) As regards KRW 12,216,227 and KRW 7,514,068 among them, the amount of KRW 12,216 and KRW 7,514,068 from May 11, 2018 to 2018. <
Reasons
1. Entry of the reason for application for a separate payment order by mistake of recognized facts:
(Provided, That the obligee is changed to “Plaintiff,” and the obligor is changed to “Defendant”) / The ground for recognition / The entry and the purport of the whole pleadings as to Gap’s evidence Nos. 1 through 8
2. The Defendants asserted that the statute of limitations defense by the Defendants had expired and expired all of the instant claims. As to this, the Plaintiff asserted that the statute of limitations for the instant claims had not expired since the Plaintiff’s exercise of rights by the method of filing an application for voluntary auction of real estate based on the instant claims, and the statute of limitations had been interrupted. As such, the instant application for the payment order was filed on June 28, 2013, and the new statute of limitations had expired since the said payment order was filed on June 19, 2018, for which five years have not passed thereafter.
According to the purport of Gap evidence Nos. 6, 7, and 8, the plaintiff collected total amount of KRW 251,570,498 (the dividend amount of KRW 240,000,000, and the refund amount of KRW 11,570,498) on June 28, 2013, based on the claim claim claim of this case, and appropriated it for part of the claim of this case in the order of expenses, interest, and originals, and it is recognized that the claim of this case is the credit remaining after satisfaction of the claim of this case.
Therefore, the instant claim was interrupted through the exercise of the right through the voluntary auction procedure of real estate, and its distribution procedure was completed on June 28, 2013, and the instant payment order was filed on June 19, 2018, which is the period of extinctive prescription under the Commercial Act. Thus, the Defendants, for whom the extinctive prescription has expired, was completed.