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(영문) 부산지방법원동부지원 2016.11.02 2016가단210162
양수금
Text

1. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 188,497,835 and KRW 185,306,095 among them, respectively.

Reasons

1. Claims against Defendant A, and B

(a)as shown in the reasons for the attachment of the claim;

(Provided, That the plaintiff, the creditor, and the debtor shall be deemed the defendant).

The judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3) of the said Act) only submitted an original copy of the payment order and a formal written objection, and did not present at the date of pleading without submitting any subsequent detailed written response. Therefore, the Defendants are deemed to have led to the confession of all of the Plaintiff’s allegations in accordance with Article

2. Claim against Defendant C

A. In full view of the overall purport of the pleadings in the evidence Nos. 1 and 4 of the judgment as to the cause of the claim, Defendant C is obligated to pay the Plaintiff the money stated in the claim, unless there are special circumstances.

B. According to the evidence evidence No. 1, the Korea Technology Credit Guarantee Fund, the transferor of the claim, filed a lawsuit against the Defendant C seeking the money stated in the purport of the claim. On May 10, 2006, the said lawsuit can be recognized as having been concluded by the recognition and acceptance of the claim by the Defendant C (Seoul Central District Court 2006Gahap15781). Since the Plaintiff filed an application for the instant payment order on June 15, 2016, the Plaintiff’s claim against the Defendant C became extinct due to the expiration of the extinctive prescription period.

3. The plaintiff's claim against the defendant A, and B is accepted on the ground of the reason, and the claim against the defendant C is dismissed on the ground that it is not reasonable.

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