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(영문) 대법원 2015.08.19 2013다63509
청구이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (appointed party) and the appointed party.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the records in light of the relevant legal principles as to the grounds of appeal on the part of the claim for the confirmation of existence of an obligation, the lower court is justifiable to have determined that the part seeking the confirmation of existence of an obligation among the instant lawsuits in this case is unlawful on the grounds stated in its reasoning, as there is no interest in the confirmation. In so doing, contrary to what is alleged in the grounds of appeal, the lower

2. As to the appeal concerning the part of the claim to withdraw the request for auction, the Plaintiff (Appointed Party) appealed to this part of the claim, but the appellate brief does not state the grounds for appeal and does not state the grounds for appeal.

3. As to the ground of appeal as to the lawsuit claiming objection

A. Examining the records in light of the legal principles on the determination of the Plaintiff (Appointed Party), the lower court is justifiable to have determined that the ground for objection by the Plaintiff (Appointed Party) is contrary to the res judicata of the final and conclusive judgment of the previous case, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by

B. (1) The judgment regarding the appointed person can be presumed to have renounced the benefit of the statute of limitations if the obligor approved the obligation after the expiration of the statute of limitations (see, e.g., Supreme Court Decision 2009Da100098, Mar. 11, 2010). However, even if the surety performed or approved the surety obligation upon expiration of the statute of limitations on the principal obligation, even if the surety performed or approved the surety obligation upon expiration of the statute of limitations on the principal obligation, the effect of waiver of the statute of limitations on the principal obligation by the

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