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(영문) 서울중앙지방법원 2017.09.13 2015가단5385909

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) On November 29, 1993, the net Q stipulated the sales contract (hereinafter “instant sales contract”) between the Daewoo Heavy Industries Co., Ltd. as the price of KRW 24,200,00,000, monthly installments of KRW 565,180, and the installment period of KRW 36 months (payment from November 30, 1993 on the date of the acquisition of goods to November 30, 1993).

(2) After the above sales contract, the deceased R jointly and severally guaranteed the net Q’s obligation at the time of the above sales contract. (2) After the above sales contract, the claims for the sales amount ( installment) were transferred in sequence to the Republic of Korea, Inc., Ltd., Inc., and the Plaintiff.

3) On August 28, 199, the net Q succeeded to the property of Defendant A, B, C, D, E, and the net P, a child of the net Q, in proportion to their respective 4/24 shares. 4) The net P died on July 13, 2007. The Changwon District Court Decision 2007Ra752, Changwon District Court Decision 2007Ra752, and the Defendant F was decided to grant inheritance refusal approval.

5) The deceased on May 6, 2002, the network succeeded to the property of the network by Defendant G, H, I, J, K, K, L, M, N, N, andO in proportion to their respective shares of 1/9 (6) on December 13, 2015, the aggregate of the principal and interest on the above part of the base on December 13, 2015 is KRW 52,423,170.

(28,263,60 won, interest 24,159,570 won). [Grounds for recognition] A without dispute, each entry in the evidence of subparagraphs 1 through 6 (including each number), the purport of the whole pleadings.

B. According to the above facts of recognition, Defendant A, C, D, E, P, and P are the deceased Q’s successors, barring special circumstances, Defendant G, H, I, J, K, L, M, N, and P are the deceased’s successors to the network and are obligated to pay the Plaintiff the principal and interest of the instant sales contract, as stated in the purport of the instant sales contract and the joint and several guarantee agreement.

2. The defendants' defenses are defenses that the claims of this case were extinguished due to the completion of the statute of limitations for commercial claims.

According to the overall purport of the statement and arguments, Gap evidence 4-1 to 3, the installment period of 36 months according to the sales contract of this case.