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(영문) 서울중앙지방법원 2014.12.23 2013가단5183857
양수금
Text

1. As to KRW 66,917,541 and KRW 16,206,853 among the Plaintiff, Defendant A shall be from November 29, 2013 to the date of full payment.

Reasons

1. In full view of the purport of the entire arguments in the evidence Nos. 1 and 11 of the judgment as to the cause of the claim, the defendants are obligated to pay the plaintiff the money stated in the purport of the claim, barring any special circumstance.

2. As to the judgment on the defendants' defense, the defendants defense that the defendants' obligations were extinguished by the statute of limitations. A.

According to the evidence revealed prior to the determination as to the extinction of the prescription of the first and second loans, it is recognized that the Korea Guarantee Insurance Co., Ltd. and the Seoul Guarantee Insurance Co., Ltd., the original creditor around 1998 and 199, provisionally seized 3,006,610 won in relation to the second loans and 3,071,433 won in relation to the second loans, by filing a lawsuit claiming indemnity amount under the Seoul Central District Court’s 2000Gadan26351, Jan. 10, 2001, and then the said judgment became final and conclusive at that time after winning the lawsuit.

According to the above facts, Defendant A’s 1 and 2 loans were suspended due to the provisional attachment, and the period of prescription, which was extended again due to the final and conclusive judgment, from October 7, 2004 to October 13, 2014, prior to the lapse of the period of prescription, which was extended again due to the final and conclusive judgment, after the interruption of prescription due to the provisional attachment, and thus, Defendant A’s defense that Defendant A’s 1 and 2 loans expired due to the interruption of prescription is groundless.

B. According to the evidence revealed earlier prior to the determination as to whether the statute of limitations for the third and fourth loans expired, the Defendants’ repayment period for the third and fourth loans in this case was recognized as the date of June 7, 199 and June 12, 199. Thus, barring any special circumstance, the third and fourth loans in this case expired by lapse of ten years from the respective repayment period.

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