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(영문) 서울중앙지방법원 2018.01.09 2017가단76754

대여금 등

Text

1. The Defendant jointly and severally with B Co., Ltd. for KRW 92,003,69 and KRW 64,942,708 among them, shall be jointly and severally with the Plaintiff on June 7, 2017.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 through 4 (including additional numbers) and the overall purport of the pleadings, the defendant is obligated to pay the plaintiff the unpaid principal and interest and damages for delay as stated in the attached Table No. 1, barring any special circumstance.

2. The Defendant asserts that “The instant lawsuit was filed after the lapse of five years from the expiration date of the initial loan agreement with respect to the instant claim against the Defendant ( March 26, 2008 and March 28, 2008)” was completed.

However, according to the above evidence, it seems that the loan maturity of the Plaintiff’s loan against the Plaintiff B is extended on September 28, 2014. The Defendant’s instant collateral guarantee obligation against the Plaintiff is a comprehensive collateral guarantee obligation and the settlement period is designated in the future. Therefore, it is reasonable to view that the scope of the secured obligation is extended as long as the settlement period is not fixed.

Therefore, insofar as it is insufficient to view that the primary obligation and the Defendant’s primary obligation and the Defendant’s primary obligation are determined on the expiration date of the initial loan agreement, the Defendant’s argument for the completion of extinctive prescription based on the premise

3. Conclusion, the plaintiff's claim is justified and acceptable.