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(영문) 서울동부지방법원 2016.09.09 2016가단124758

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The judgment on the cause of the claim was made on February 24, 1997 by Defendant A entered into a facility lease agreement with the New Lease Finance Co., Ltd. for the lease term of 25 tons of TADNO UA during the lease term from January 29, 2001 to July 28, 2008, and Defendant B jointly and severally guaranteed the above lease payment obligation. Defendant A lost the benefit of August 6, 2002 due to the delayed payment of the above lease term, and the benefit of 878,612,405 won (principal principal 230,893,025 won) as of December 22, 2015, and New Lease Finance Co., Ltd. transferred the above lease payment claim, and the fact that the Plaintiff finally acquired the claim between the parties concerned is no dispute.

According to the above facts, the defendants are obligated to pay to the plaintiff 227,305,788 of the above lease amount and damages for delay of KRW 60,000 among them, as claimed by the plaintiff, unless there are special circumstances.

As to the judgment on the defendants' defense, since the defendants asserted that the above lease payment obligation was extinguished by the prescription, the defendants' defense was made. Thus, since the facts that the time when the defendant A lost the benefit of time due to the above lease payment obligation is as of August 6, 2002 are as seen above, the above lease payment obligation as of August 6, 2007, which was about five years thereafter, was extinguished by the prescription, the above lease payment obligation as of August 6, 2007, is reasonable.

In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit.