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(영문) 서울중앙지방법원 2016.05.12 2015가단5240075

양수금

Text

1. As to KRW 72,657,463 and KRW 24,582,951 among the Plaintiff, Defendant A shall be annually from July 20, 2015 to the full payment system.

Reasons

1. The facts of the reasons for the attachment of the facts of recognition and of the changed reasons for the claim can be recognized by taking into account each entry in Gap evidence Nos. 1 through 6 (including branch numbers), and the whole purport of the pleadings, and there is no counter-proof.

As to this, the defendant (appointed party) asserts that the claim against the defendant (appointed party) and the appointed party has expired by prescription, it is true that the defendant (appointed party) made a loan to the defendant A by the agricultural cooperative on March 8, 200 as the loan limit of 10 million won and one year (the automatic extension may be made within five years including the initial contract period as prescribed by the agricultural cooperative every year within the extent of five years) and the transaction period of the defendant A, and it is clear that the fact that the deceased H made a joint and several guarantee is above, and that five years have passed since the end of the transaction period.

Therefore, in this case where there is no other evidence on the interruption of extinctive prescription, the Plaintiff’s claims against the Defendant (Appointed Party) and the Defendant’s Appointor were extinguished by the completion of extinctive

Therefore, the defendant's assertion that points out this issue is with merit, and the plaintiff's claim against the defendant (appointed party) and the defendant's appointed party is without merit.

2. If so, the plaintiff's claim against the defendant A is justified, and the plaintiff's claim against the defendant (appointed party) and the defendant's appointed party is dismissed as it is without merit. It is so decided as per Disposition.