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(영문) 서울중앙지방법원 2016.06.22 2015가단5376400
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 in the reasons for the claim are recognized, the defendants are jointly and severally liable to pay KRW 70,000,000 to the plaintiff as requested by the plaintiff as part of the claim.

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). The Plaintiff, on March 6, 2000, did not submit any evidence supporting that the Plaintiff was taking a separate measure of suspending the extinctive prescription of the credit transaction agreement (general loan) against Defendant A Co., Ltd., Ltd., Ltd., Ltd., Ltd., the Defendant, the guarantor, according to the subsidiary nature of the guaranteed obligation. Accordingly, the Plaintiff’s claim against the Defendants of this case is without merit.

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