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(영문) 부산지방법원 동부지원 2018.06.21 2018가단203359
양수금
Text

1. The Defendants are jointly and severally liable for 320,660,600 won and 200,000 won among them from December 4, 2007 to March 27, 2008.

Reasons

1. The facts identical to the judgment on the cause of the claim (Provided, That the "creditor" shall be deemed to be the "Plaintiff", and the "debtor" shall be deemed to be the "Defendants") are either disputed between the parties, or acknowledged according to the respective entries in the evidence Nos. 1 and 2 (including the number of each branch number), and the purport of the whole pleadings.

According to the above facts, the defendants are jointly and severally liable to pay the plaintiff 320,660,600,600 won and 200,000,000 won, which is the principal amount, to the plaintiff who is the transferee of the loan claim of this case, with 12% per annum from December 4, 2007 to March 27, 2008, and 15% per annum from the next day to the day of full payment.

2. On the determination of the defendants' defense, the defendants set up a defense that the claims of the loans of this case were already extinguished due to the completion of extinctive prescription.

In light of the overall purport of the arguments in the above evidence, it is acknowledged that the Small and Medium Business Corporation applied for the instant payment order on April 11, 2008 with respect to the instant loan claims against the Defendants and C, the Seoul Southern District Court 2007 tea 20506, which became final and conclusive on April 11, 2008. According to the above acknowledged facts, the extinctive prescription of the instant loan claims was suspended as the above payment order application, and as such, the claim established as the payment order becomes final and conclusive is subject to the extinctive prescription of ten years (see Article 474 of the Civil Procedure Act, Article 165(2) and (1) of the Civil Act) from the time when the payment order became final and conclusive (see Article 174 of the Civil Procedure Act, Article 165(2) and (1) of the Civil Act). Since it is apparent in the record that the Plaintiff applied for the instant payment order on November 13, 2017, the Plaintiff’s re-

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.

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