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(영문) 서울중앙지방법원 2018.01.09 2017가단85772

대여금 등

Text

1. The Defendant is jointly and severally and severally with B Co., Ltd. and C within the scope of KRW 5,600,000,000 and KRW 2,047,383,532 to the Plaintiff.

Reasons

The evidence Nos. 1 and 2 as well as the overall purport of the pleadings are recognized as having the same cause of claim as that of the Plaintiff, and barring any special circumstance, the Defendant is liable to pay the Plaintiff the unpaid principal and interest and delay damages, as described in the Disposition No. 1.

Although the Defendant asserts to the effect that “the five-year extinctive prescription for the instant claim has expired,” according to each of the above evidence, it can be known that there was a final and conclusive judgment on the instant claim, and that the instant lawsuit was filed before the lapse of ten years from the date the judgment became final and conclusive (in the case of a claim established by a judgment, the period of extinctive prescription is ten years). Therefore,

If so, the plaintiff's claim is reasonable and acceptable.