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(영문) 춘천지방법원강릉지원 2016.01.05 2015나1564

사해행위취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The defendant asserts that "the defendant extinguished the plaintiff's claim concerning C of the principal debtor five years after the lapse of the commercial prescription period of the court of first instance," and that the plaintiff's claim against B of the joint surety has also expired on January 28, 2015 after the lapse of ten years from January 27, 2005, which was the date when the execution recommendation decision became final and conclusive, ten years after the expiration of ten years from January 28, 2015," although the prescription period of the guarantee claim against B of the joint surety, which is the joint surety, is suspended by the interruption of prescription period of the principal obligor C against the principal obligor, it shall be five years as commercial claims. Thus, the period of prescription of the guarantee claim against B of the joint surety, which is the joint surety, shall be determined by the main sentence of Article 3 of the Civil Procedure Act as of September 5, 2006, which was delivered to the third obligor, or as of January 28, 2015.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.