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(영문) 서울중앙지방법원 2017.08.22 2016가단5244159
양수금
Text

1. Grounds for claim in attached Form among the lawsuit of this case

5. Defendant A among 7 claims No. 5 of the detailed statement of the principal and interest of loans.

Reasons

[Supplementary Rejection] Grounds for Claim

5. It is called "claims once by the sequence 7 of the detailed list of the principal and interest of loans" (hereinafter referred to as "claims")

The part of the claim against Defendant A is lawful. According to the evidence No. 18 of this case, it can be known that there is a judgment in favor of the court in favor of the above claim, and it is difficult to deem that there is a benefit of lawsuit due to the lapse of the extinctive prescription period as well. Thus, the part of the claim in this case is unlawful as there is no benefit of protecting the right. Thus, the part of the claim in this case is unlawful and dismissed.

1. In full view of the respective descriptions of Gap evidence Nos. 1 through 17 and 19 (including additional numbers) as to the cause of the claim and the overall purport of the pleadings, the defendants are liable to pay the plaintiff the unpaid principal and interest and damages for delay, barring any special circumstance.

2. Determination on the assertion of extinctive prescription

A. The Defendants’ extinctive prescription for each of the instant claims was completed.

The Plaintiff asserted to the effect that “the statute of limitations was interrupted.”

'' asserts to the effect that ‘' is.

B. As to the claims Nos. 1 and 2, while five years have elapsed since the date of credit card entry, there is insufficient evidence as to the date of occurrence of claims or the date of interruption of prescription.

(A) As such, Defendant A’s assertion on this part is with merit, and the Plaintiff’s assertion is without merit.

C. We examine five claims.

In full view of the contents of evidence No. 12-3, 10 years (the extinctive prescription period of bonds for which payment order or judgment has become final and conclusive is 10 years) from the date when payment order and judgment have become final and conclusive as to the above bonds.

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