양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 through 8 of the judgment as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.
2. Judgment on the defendants' assertion
A. The Defendants asserted that the statute of limitations of the instant claim has expired, and thus, they cannot accept the Plaintiff’s claim.
B. Determination 1) First of all, according to each of the above evidence, the creditor financial institutions’ claim as stated in the separate sheet No. 2006Gada1106007, Feb. 23, 2006 regarding the above claim, it can be acknowledged that the decision of performance recommendation became final and conclusive on Feb. 23, 2006. Since the fact that the lawsuit in this case was filed on Nov. 8, 2016, which was ten years from the above, is apparent in the record, the claim in this case should have expired after the expiration of the extinctive prescription. 2) Next, according to the records of evidence No. 5, the loan period of the above claim can be acknowledged until Aug. 18, 2005, according to the records of evidence No. 5, the claim in this case was filed on Nov. 8, 2016 after the expiration of ten years from the due date.
I would like to say.
3. As to this, the Plaintiff asserts that, as long as the instant lawsuit was brought within 10 years thereafter, Defendant A paid KRW 56,240 on December 29, 2006 with respect to the creditor financial institutions’ claim C related claims, Defendant A paid KRW 56,240 on December 29, 2006, and ② Defendant A approved the said debt by paying KRW 334,857 on Nov. 25, 2008 with respect to the claims related to the Livestock Cooperative of the Korea Livestock Cooperatives, as long as the instant lawsuit was brought within 10 years
The debt approval as a ground for interruption of extinctive prescription is the completion of extinctive prescription by a debtor who is a party to the prescription benefit.