logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.26 2016가단8914
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 98,000,000 and as a result, from January 28, 2005 to May 27, 2005.

Reasons

1. In full view of the arguments and the purport of the entire arguments and arguments by Gap evidence Nos. 1 through 4 (including paper numbers), the defendants are jointly and severally liable to pay the plaintiff the money set forth in the attached Form No. 1.

On November 6, 2001, the Defendants asserted that on November 6, 2001, when the Defendants repaid KRW 5.1 billion to the bankruptcy trustee of the Ulsan Mutual Savings and Finance Company, the transferor of the claim claim of this case, they agreed to exempt the full amount of the remaining obligations, and that there is no obligation any longer than 5.1 billion won by paying the full amount, and thus, the Plaintiff’s claim cannot be complied

However, even in cases where a new suit based on the same subject matter of lawsuit is exceptionally permitted due to special circumstances, such as the interruption of prescription, etc., the judgment of the new suit does not conflict with the final and conclusive judgment in favor of the previous suit (see Supreme Court Decision 2012Da111340, Apr. 11, 2013). However, according to the evidence No. 1, the Defendants may recognize the fact that, in the final and conclusive judgment of the previous suit on the claim claim in this case, the Defendants asserted the same agreement and the extinguishment of obligation pursuant thereto, but rejected such assertion. As such, it cannot be determined differently in the instant case, which is the subsequent suit based on the same subject matter of lawsuit for the interruption of extinctive prescription. Therefore,

2. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.

arrow