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(영문) 서울중앙지방법원 2017.04.18 2016가단5294833
양수금
Text

1. Grounds for application in the attached Form among the instant lawsuit

2. Claim the amount of money No. 1 of the table among the "the particulars of debts".

Reasons

1. Grounds for application in attached Form 2 to the part dismissed;

2. In full view of the Plaintiff’s assertion and the statement of No. 5 (including the paper number) as to the above claim, it can be known that there was a final judgment in favor of the Plaintiff, and it is difficult to view the claim as a case where there is a benefit in the lawsuit due to the lapse of the extinctive prescription period, and the above part of the claim is unlawful because there is no benefit in the protection of rights (attached Form 2).

2. The defendant is liable to pay the plaintiff the unpaid principal and interest and damages for delay as stated in the separate sheet, in full view of each of the statements and the whole purport of the arguments in Nos. 1, 2-2, 3-2, 4-5 of the evidence Nos. 1, 2-2, 2-2, and 4-5 of the title No. 2.

The Defendant completed the extinctive prescription of the claim of this case

'' asserts to the effect that ‘' is.

In full view of each statement in Gap evidence No. 6 (including additional numbers), the payment order for the claim of this case was finalized, and the extinctive prescription period of the claim established in the payment order of 10 years thereafter is 10 years.

Since it can be known that the lawsuit of this case was filed before this lapse, the defendant's above assertion is without merit.

Thus, this part of the plaintiff's claim is justified and accepted.

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