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(영문) 서울중앙지방법원 2017.07.19 2017가단5089502
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 97,730,792 and KRW 34,99,319, respectively, from December 9, 2016.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the payment order against the debtor B was finalized). [The grounds for recognition] The entry and the purport of the whole pleadings in the evidence Nos. 1 and 6.

B. As to this, the Defendant asserts that the period of extinctive prescription of each of the instant claims has expired five years after the lapse of such period.

However, comprehensively taking account of the overall purport of the arguments in evidence Gap evidence Nos. 4 and 5, the plaintiff filed an application against the defendant for a loan payment order against the defendant as to the claim Nos. 1 of the credit list Nos. 2008Ra29 with the Jung-gun District Court 2008Gam30 with the Jung-gun District Court 2008Gam30 with respect to the claim Nos. 2 of the credit list No. 1, and these payment orders were finalized on February 20, 208, and the fact that the instant payment order was filed on December 9, 2016, which was before the ten years have passed thereafter, the defendant's assertion cannot be accepted.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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