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(영문) 수원지방법원 2016.01.08 2015나19176

약정금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Determination

A. In full view of the purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 and 2, as a whole, the defendant Eul agreed on Jan. 25, 1997 to pay the plaintiff KRW 17.5 million in face value, and signed and sealed the issue date, payment date, the payee, the place of payment, the place of payment, and the place of payment, and the place of issuance, and delivered them to the plaintiff (hereinafter "the Promissorysory Notes in this case"). At the time, the defendant Eul signed and sealed the "Surety" in the issuer column of the Promissory Notes in this case. Thus, the defendants are jointly and severally liable to pay the plaintiff KRW 17.5 million in the agreed amount and delay damages, and the defendants' defense of payment is not established in the agreement No. 97 years after the expiration of the statute of limitations on Jan. 25, 1997.

The plaintiff's lawsuit of this case is obvious in the record that the lawsuit of this case was filed on October 21, 2014 after the lapse of 10 years from the lawsuit of this case. Thus, the above contract deposit claim had already expired by prescription before the lawsuit of this case was filed.

Therefore, the defendants' defense is justified.

As to this, the Plaintiff promised to pay the agreed amount to the Plaintiff several times, and finally, around October 2013.