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(영문) 서울중앙지방법원 2017.08.30 2016가단5210583

양수금

Text

1. Of the instant lawsuit, the claim against Samsung Bio-negotiable Securities Security Loans shall be dismissed.

2. The plaintiff, Ga.

Reasons

1. The quoted part

(a) The remainder of the claims, excluding the part concerning loans against security of Samsung Bio-securities, among the grounds for claims attached to the indication of claims;

(However, ‘creditor' is regarded as ‘Plaintiff' and ‘debtor' as ‘Defendant').

(1) As to Defendant A: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) against Defendant B: Decision by deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. In full view of the purport of the evidence No. 3-5 and the entire pleadings by the evidence No. 3-5, the Suwon District Court rendered a favorable judgment on March 12, 2013 in the loans No. 2012Dadan94939, regarding the claim for the security against Samsung Bio-resources, and recognized the fact that this judgment became final and conclusive on May 2, 2013.

If so, it cannot be deemed that the ten-year period of extinctive prescription of this judgment claim has expired, and thus, this part of the claim is unlawful as there is no benefit of protection of rights.