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(영문) 부산지방법원 2016.10.20 2016나44346

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the first instance except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Additional Part】 The Defendants asserted that the extinctive prescription of the claim against the deceased F is extended to 10 years due to a final and conclusive judgment of Jinwon District Court Jinwon Branch 93da14802, and that the prescription period of the claim against the deceased F against the Busan District Court 2004Gadan43110 has expired due to the final and conclusive judgment of the Busan District Court, the prescription period of the claim against the deceased F who did not receive the judgment should be re-written for 5 years, which is the original extinctive prescription period. Thus, the claim against the deceased F, a joint and several

In light of the above, Article 165(1) of the Civil Act provides, “The period of extinctive prescription shall be ten years even if the claim established by a judgment falls under the short-term extinctive prescription,” the following is that even a claim to which the short-term extinctive prescription applies, where the existence of a claim becomes final and conclusive by a judgment, a dispute arising from the establishment or extinguishment of the evidence becomes final and conclusive; the legal relationship becomes final and conclusive as soon as possible; and it is not desirable to allow a creditor to take various procedures for the interruption of the short-term extinctive prescription (see, e.g., Supreme Court Decision 2004Da26287, Aug. 24, 2006). The Plaintiff filed a claim for reimbursement against H and deceased, a primary debtor, and a joint and several surety, and the fact that the judgment was final and conclusive after the extension of the extinctive prescription period for the sole reason that the extinctive prescription period does not apply to the obligee’s extension of the extinctive prescription period for reasons falling under the extension of the extinctive prescription period.