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(영문) 서울중앙지방법원 2018.10.26 2016가단5229785
양수금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 139,773,320 and KRW 44,014,550 among them.

Reasons

1. In full view of the purport of the entire pleadings as to the claims against Defendant B, the facts constituting the grounds for the attachment can be acknowledged. As such, the above Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 3, 2007 to the date of full payment, as to KRW 139,773,320, and KRW 44,014,550 among them.

2. As to the claim against Defendant D, the extinctive prescription period was extended to 10 years, which became final and conclusive by a final judgment between the obligee and the principal obligor.

Even if this does not necessarily preclude the application of short-term extinctive prescription to the guaranteed liability, and the ten-year extinctive prescription period is not applied, and as between the obligee and the joint and several surety, the period of extinctive prescription for the joint and several surety obligation is still based on the previous extinctive prescription period. Defendant D was not a party to the Suwon District Court 2006Gahap322 case, which became final and conclusive on March 27, 2007, and thus, it can be deemed that the claim for the joint and several surety obligation against Defendant D itself has already been completed.

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