(영문) 서울중앙지방법원 2017.04.27 2016가단5160596

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(영문) 서울중앙지방법원 2017.04.27 2016가단5160596

양수금

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

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

Reasons

1. The facts such as the entry of the grounds for the claim in the separate sheet concerning the determination of the grounds for the claim may be recognized by considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1 through 8, and no counter-proof exists.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the same amount as stated in the purport of the claim and damages for delay.

2. The Defendants asserted that the claim of this case occurred on March 6, 1997, but the Defendants failed to repay the principal and interest of the claim of this case after the I.M.F. incident occurred on December 1997, and thus, they asserted that the statute of limitations expired.

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 8, the fact that the claim of this case filed against the Defendants was occurred on March 6, 1997; the expiration date of the transaction period of the claim of this case was March 6, 1999; and the fact that the Plaintiff was entitled to exercise the claim of this case against the Defendant from March 6, 1999, at least when the claim of this case was due; and the fact that the lawsuit of this case filed by the Plaintiff was filed on July 13, 2016, more than five years (or ten years extinctive prescription under the civil law) of extinctive prescription under the commercial law, from the time when the lawsuit of this case was able to exercise the claim of this case.

Therefore, the Plaintiff’s claim against the Defendants was extinguished due to the completion of extinctive prescription.

The defendants' defense of extinctive prescription is justified.

[As seen earlier, insofar as the defendants' defenses of extinctive prescription are accepted, the defendants' other arguments shall not be examined further.]

3. Thus, the plaintiff's claim against the defendants is dismissed in its entirety as there is no ground. It is so decided as per Disposition.

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