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(영문) 서울중앙지방법원 2016.08.30 2016가단20051

각서금등

Text

1. Defendant B’s KRW 50,000,000 and for this, KRW 5% per annum from October 1, 2012 to April 15, 2016 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”.

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant A

A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”)

(2) On October 15, 2010, 2000 won and 20 million won on December 5, 2010, 2010, the Plaintiff finally owned the said Promissory Notes, but the said Promissory Notes was refused to pay with no transaction on September 30, 2010, which is the due date. (2) C and the Defendant A drafted a certificate of non-payment on September 15, 2010. The Plaintiff, “C confirmed that the said Promissory Notes was due and confirmed that the said Promissory Notes was due, and paid KRW 50 million on December 5, 2010, and KRW 20 million on December 31, 2010.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

B. According to the facts found earlier, Defendant A is jointly and severally liable to pay the Plaintiff the above KRW 50,000,000 and the damages for delay.

As to this, Defendant A asserts that the extinctive prescription has expired, the extinctive prescription is complete unless it is exercised for one year from the date of the protest drawn up within a lawful period of time. Since September 30, 2010, the date of drawing up the protest, the date of refusal of payment, which was one year after the due date of payment ( November 10, 201, December 5, 2010, December 31, 2015). As such, the fact that the instant lawsuit was brought on December 1, 2015, is apparent in the record, and thus, Defendant A’s obligation has expired.

I would like to say.

The Plaintiff’s obligation under this letter of payment prior to Defendant C and Defendant A is above.