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(영문) 서울중앙지방법원 2015.08.25 2014가단5327838

양수금

Text

1. As to KRW 302,654,175 and KRW 82,857,416 among the Plaintiff, Defendant A shall be from November 19, 2014 to the date of full payment.

Reasons

1. According to the judgment of Gap 1 and Gap 9 as to the cause for the claim, the facts stated in the grounds for the claim can be acknowledged. Thus, the defendant A as the principal debtor, and the remaining defendants as joint and several sureties are jointly and severally liable to pay the plaintiff the amount stated in the purport of the claim.

2. Defendant B’s claim for the extinctive prescription of Defendant B (party) asserted that the extinctive prescription of the instant loans against the Plaintiff by Defendant A has expired, and thus, in full view of the above evidence and the overall purport of the pleadings, the following facts are examined: (a) the loan obligations against the Plaintiff by Defendant A against the Plaintiff has expired since the lapse of five years from January 31, 2004, the repayment date; and (b) it is apparent that the extinctive prescription of the instant loans has expired due to the lapse of five years from January 31, 2004; and (c) it shall be deemed that each of the joint and several debt obligations of the Defendant B and the appointed parties, who are in an incidental relationship with the said principal obligation, have expired. Therefore, in the instant lawsuit in which it is evident that the extinctive prescription of the said company had expired, the argument

3. In conclusion, the plaintiff's claim against the defendant A is accepted on the ground of its reason, and the claim against the defendant (party) B is dismissed on the ground of its reason. It is so decided as per Disposition.