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(영문) 서울중앙지방법원 2018.07.20 2018가단5012523

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 257,838,175 and KRW 81,732,520, respectively, from November 15, 2017.

Reasons

1. Indication of claims: To be as shown in the grounds for the application;

[Confession (Article 208 (3) 2, Article 150 of the Civil Procedure Act)]

2. Defendant B asserted that the extinctive prescription of the Plaintiff’s joint and several surety claim has expired after completion of the extinctive prescription of the Plaintiff’s joint and several surety claim. However, in full view of the purport of the entire pleadings in the statement in the evidence No. 4, it is recognized that, on May 17, 2011, C filed an application for individual rehabilitation with the Gwangju District Court No. 201 times and 11047, and C filed an application for individual rehabilitation claim with the Gwangju District Court No. 201, and there was a decision to grant immunity on August 31, 2016 to C. Thus, the Plaintiff’s joint and several surety claim was suspended by submitting the list of individual joint and several surety creditors and the decision to grant immunity was re-scheduled from August 31, 2016. Accordingly, the Defendant’s defense was without merit.