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(영문) 서울중앙지방법원 2016.06.22 2015가단5368829
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

According to the records in Gap 1 through 3, since the facts as to the reasons for the claim are recognized, the defendants are jointly and severally liable to pay to the plaintiff 70 million won with 15% interest per annum from January 14, 2016 to the day of complete payment, which is the day following the delivery of the complaint in this case, to the plaintiff.

However, in a case where the extinctive prescription of the principal obligation is completed, the principal obligation is naturally extinguished due to the completion of the extinctive prescription, and thus, the guaranteed obligation also ceases to exist as a matter of course (see, e.g., Supreme Court Decisions 2000Da62476, May 14, 2002; 2010Da51192, Jul. 12, 2012). As long as the Plaintiff did not submit any evidence to acknowledge that the suspension of a separate extinctive prescription was taken against the Defendant A, a Korean Commercial Bank Co., Ltd., Ltd., Ltd., Co., Ltd., Ltd., on April 21, 1997, the Defendant B and C’s joint and several surety obligation against the Plaintiff, the guarantor of the relevant obligation, depending on the subsidiary nature of the guaranteed obligation. Accordingly, the Plaintiff’s claim against the Defendants of this case against the Defendants is without merit.

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