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(영문) 서울남부지방법원 2018.09.06 2018가단223430

보증채무금

Text

1. The defendant shall pay to the plaintiff KRW 313,013,353.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

The plaintiff asserts as the cause of the claim of this case the facts stated in the attached Form "the cause of claim", and the defendant does not clearly dispute them, and therefore, it is deemed as confession pursuant to Article 150 of the

Therefore, the defendant is obligated to pay the above interest or delay damages to the plaintiff KRW 313,013,353.

Although the defendant asserts that the statute of limitations for the above obligation has expired, according to the evidence No. 1, the plaintiff obtained a favorable judgment as of April 1, 2008 by the Incheon District Court Decision 2006Kadan93570, and the above judgment became final and conclusive on May 23, 2008, the statute of limitations for the above claim was ten years from the time when the judgment became final and conclusive in accordance with Article 165(1) of the Civil Act, and the fact that the lawsuit in this case was filed on April 16, 2018, for which ten years have not passed since it is apparent in the record that the above lawsuit in this case was filed on April 16, 2018. Therefore, the defendant's above argument cannot be accepted.

Thus, the plaintiff's claim of this case is legitimate, and it is decided to accept it.