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(영문) 서울중앙지방법원 2017.12.12 2017가단5183930
양수금
Text

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

2. Claim 2 of money classified in the Schedule of Claim Statement.

Reasons

1. Attached Form 2 to the portion dismissed;

2. In full view of the Plaintiff’s assertion and evidence No. 7, the part concerning claim No. 2 in the “B List of Claim Statement”) revealed that there was a final judgment in favor of the said claim, and it is difficult to deem that there is a benefit in the lawsuit due to the lapse of the extinctive prescription period as well as that there is no benefit in the protection of rights. Accordingly, the part concerning claim of the above amount is unlawful, and thus, it is dismissed (attached Form No. 2).

2. In full view of the respective descriptions of Gap evidence Nos. 1, 2-1, 3, and 6 and the purport of the entire pleadings, the separate statement Nos. 1, 2-1, 3, and 6 (Provided, That the "creditor" is the plaintiff, and the "debtor" is deemed the defendant, barring any special circumstance, the defendant is liable to pay the unpaid principal and interest and delay damages to the plaintiff, as described in paragraph (2) of this Article.

The Defendant completed the extinctive prescription of the claim of this case

'' asserts to the effect that ‘' is.

In light of the above evidence, according to the above evidence, the judgment on the claim of this case became final and conclusive, and the extinctive prescription period of the claim of this case which has a final and conclusive judgment in ten years thereafter is ten years.

Since it can be known that the lawsuit in this case was filed before the lapse, the defendant's above assertion is without merit.

If so, this part of the plaintiff's claim is justified and accepted.

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