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(영문) 수원지방법원성남지원 2020.06.02 2019가단225506
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Comprehensively taking account of the overall purport of arguments as to Gap evidence 1 through 4 (including the number of branch offices; hereinafter the same shall apply), C Co., Ltd. (hereinafter referred to as "C") borrowed 30,00,000 won (hereinafter "one loan of this case") around August 201 from D Co., Ltd. (hereinafter "D"), and around April 16, 200, 30,000 won (the additional period of 36 months; hereinafter "the first loan of this case") around April 201, 16,00 won (the additional period of 36 months; hereinafter "the second loan of this case"), and the defendant, the representative director of C, as to each of the above loans of this case, 30,000 won (the maximum amount of guarantee of 1 loans of this case; 36,000,000 won; 40,000 won and 40,750,000 won and 50,00 won, respectively, 167, etc.

In this regard, the defendant's defense that the above joint and several liability has expired by the prescription period, so it seems that C had gone bankrupt around 201 at the latest at the time of the repayment period of the above joint and several liability, and it seems that the repayment period of each of the above loans of this case has arrived at that time.

It appears that the period of installment (36 months) of the second loan of this case came around April 2014. In the case of the loan of this case and the defendant's joint and several liability, the five-year commercial statute of limitations is applicable. The plaintiff's objection is the plaintiff.

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