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(영문) 서울중앙지방법원 2018.09.12 2018가단5043343

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. 129,528,192 won and the defendant A Co., Ltd. with respect thereto are July 20, 200.

Reasons

1. The grounds for the claim shall be as shown in the annexed sheet;

2.(a)

A Claim against A: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)

(b) A claim against Defendant Kang Jinnjin Co., Ltd. and B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

C. Determination as to Defendant C’s assertion of extinctive prescription: Defendant C asserted that the claim was completed due to the Plaintiff’s failure to claim compensation for ten (10) years; however, even if the claim established by the judgment constitutes a short-term extinctive prescription, the extinctive prescription is ten (10) years (Article 165(1) of the Civil Act), and the judgment of the prior suit against the Plaintiff’s Defendant became final and conclusive on March 28, 2008, and it is clearly indicated in the record that the instant lawsuit was filed on March 5, 2018, before the lapse of ten (10) years thereafter.

Therefore, since the above extinctive prescription was interrupted by the suit of this case (Article 168 subparagraph 1 of the Civil Code), the defendant's above assertion is without merit.