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(영문) 대전지방법원 2018.12.18 2018나103127

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, with the exception of Article 2-B-3 of the part concerning the reasoning of the judgment of the court of first instance as well as the reasons for the judgment of the court of first instance. As such, an obligor entitled to the prescriptive benefit may waive the statute of limitations after the completion of the statute of limitations, and this is an expression of intent to not obtain legal benefit due to the completion of the statute of limitations. Furthermore, the recognition of an obligation as the reason for waiver of the statute of limitations can be established in an implied manner as there is no restriction on the method of indication. However, the interpretation of whether an obligor has expressed his/her intent to the effect that it is established by expressing his/her intent to recognize the existence of an obligation to a creditor. It is necessary to comprehensively consider the contents, motive and circumstance of the act indicated in the judgment of first instance, the purpose and genuine intent of the said party to achieve the said judgment through the declaration of intent, etc., and to bear the burden of the Plaintiff’s aforementioned application for compulsory auction or for provisional auction in accordance with the principle of logic and equity.