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(영문) 서울중앙지방법원 2015.11.18 2015가단5153676

양수금

Text

1. The Plaintiff:

A. As to Defendant A’s KRW 86,091,025 and KRW 28,765,670 among them:

B. Defendant B is Defendant A.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(Reasons for Recognition: Evidence A 1 to 7). 2. Determination on Defendant A and B

(a) Judgment by public notice by Defendant A (Article 208 (3) 3 of the Civil Procedure Act);

B. Judgment on deemed confessions made by Defendant B (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. Determination as to Defendant C’s defense of extinctive prescription

A. The Plaintiff filed the instant lawsuit after the lapse of the five-year extinctive prescription period.

B. In full view of the purport of the entire pleadings, the instant lawsuit against the said Defendant was brought for the interruption of extinctive prescription against loans rendered by the Changwon District Court 2005Da38826, which became final and conclusive on September 16, 2005, and the said judgment became final and conclusive around that time. The instant lawsuit was filed on May 22, 2015, for which ten years have not passed since it was rendered final and conclusive.

Therefore, the defendant's assertion that the extinctive prescription has expired is without merit.

4. Full acceptance of the Plaintiff’s claim