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(영문) 부산지방법원동부지원 2016.11.09 2016가단212335
양수금
Text

1. The defendant's 49,454,944 won and 49,453,712 won among them shall be annual from March 26, 2001 to May 31, 2005.

Reasons

According to the evidence Nos. 1 and 2-1 and 2 of the evidence Nos. 2, the Credit Guarantee Fund filed a lawsuit against the defendant and filed a lawsuit against the defendant on Sep. 5, 2006, it may recognize that the defendant acquired the credit guarantee fund's claim from the Changwon District Court for the amount of KRW 49,454,94 and its amount of KRW 49,453,712 from March 26, 2001 to May 31, 2005, annual amount of KRW 18% from the next day to August 16, 2006, annual amount of KRW 20% from the next day to the date of full payment, and the plaintiff received the notification from the defendant of the credit guarantee fund on Sep. 28, 2006 to the fact that "the defendant shall pay the credit guarantee fund's claim from the defendant on Sep. 29, 2006.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who is the transferee of the claim 49,454,94 won and 49,453,712 won per annum from March 26, 2001 to May 31, 2005, 15% per annum from the next day to August 16, 2006, and 20% per annum from the next day to the day of full payment.

Therefore, the defendant cannot respond to the plaintiff's claim because the extinctive prescription of the above claim has expired. However, as seen earlier, the fact that the Credit Guarantee Fund filed a lawsuit against the defendant for the claim for the amount of compensation and the judgment ordering the payment thereof became final and conclusive on September 28, 2006 is ten years, and the period of extinctive prescription of the claim based on the final and conclusive judgment is ten years, and it is apparent that the lawsuit in this case was filed on August 8, 2016, which was ten years before the date the above judgment became final and conclusive.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

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