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(영문) 서울중앙지방법원 2018.05.29 2017가단5224282
양수금
Text

1. The Plaintiff:

A. For Defendant A: 110,429,245 won and 30,653,088 won among them:

B. Defendant B is the defendant A.

Reasons

1. Entry of the cause of application for a separate payment order by addition of facts constituting the cause of claim;

(Provided, That the creditor is the plaintiff, the debtor is the defendant) / [the grounds for recognition] Gap evidence Nos. 1, 2 and 3

2. The defendant asserts that the statute of limitations period for the plaintiff's claim of this case has expired.

However, according to the above evidence, since the plaintiff's claim of this case was issued on February 12, 2008 and it was finalized at that time by the Seoul Central District Court 2007Kadan192989, the period of extinctive prescription shall be ten years from the date of the above judgment. The plaintiff submitted an application for a payment order for the claim of this case on November 6, 2017, before the expiration of the extinctive prescription period.

Therefore, the defendants' argument that the statute of limitations expired is without merit.

3. It is clear that the plaintiff's claim of this case is reasonable, so it is decided as per Disposition by citing it.

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