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(영문) 서울북부지방법원 2018.02.27 2017가단111991
양수금
Text

1. The Plaintiff:

A. Defendant B: 82,001,930 won;

B. Defendant A is jointly and severally liable with Defendant B to pay 72,789.

Reasons

1. According to the evidence Nos. 1 through 7-4 of the evidence Nos. 82,01,930 won, the defendants are jointly and severally liable to pay 82,00 won to the plaintiff.

2. Defendant A asserts that the above claim has expired with a three-year short-term extinctive prescription with a interest claim, and according to the health account and evidence evidence No. 6, Defendant A’s claim for interest on the loan of April 28, 2010, which was jointly and severally guaranteed by Defendant A as of January 10, 2012, can be recognized as the fact that the claim for interest on the loan of April 28, 2010, KRW 30,764,202, KRW 40,438,356, and interest on the loan of June 22, 2010, KRW 21,953,018, and late payment damages claim of KRW 32,350,684, and the interest claim of this case had expired with a three-year short-term extinctive prescription period prior to the filing of a payment order, but the claim had already been interrupted as of January 10, 2017.

Therefore, Defendant A’s assertion is justified only for the above part of interest claim.

3. If so, the Plaintiff, Defendant B, and Defendant A are jointly and severally liable to pay KRW 72,789,040 out of the amount of the above paragraph (a) above with Defendant B. Thus, the claim against Defendant B is justified. The claim against Defendant A is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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