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(영문) 부산지방법원동부지원 2017.09.27 2017가단211803
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 137,751,707 and KRW 44,986,564 among them, from May 25, 2017.

Reasons

In full view of each of the statements in Gap evidence Nos. 1 through 7 and the purport of the entire pleadings, the facts constituting the grounds for the appeal can be acknowledged. Thus, the defendants are jointly and severally liable to pay the money stated in

The Defendants asserted that the claim against the Plaintiff was extinguished by the lapse of the extinctive prescription period. Accordingly, according to the evidence No. 6, the Korea Credit Guarantee Fund that transferred the claim against the Defendants to the Plaintiff was applied for a payment order against the Defendants for the payment order against the said claim, and the payment order for the said payment order was served on or around July 2007. Since the instant payment order was applied on June 7, 2017, which was before the lapse of 10 years thereafter, the Defendants’ claim for the expiration of the extinctive prescription period cannot be accepted.

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