logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.14 2014가단5273825
양수금
Text

1. The Plaintiff:

A. For Defendant A: 131,292,666 won and 39,085,767 won among them:

B. Defendant C is the defendant A.

Reasons

Attached Form

The facts of the cause of the claim and the changed cause of the claim are deemed to have been led by the above Defendants pursuant to Article 150(3) of the Civil Procedure Act, and they can be acknowledged in full view of the purport of the entire pleadings among the Plaintiff, the Defendant, and the Plaintiff, the Defendant, and the D respectively, and the purport of the entire pleadings. There is no counter-proof.

According to the above facts, the defendants are jointly and severally liable to pay the money claimed to the plaintiff, unless there are special circumstances.

However, the above claims of the plaintiff are examined since the ten-year prescription period from October 20, 1993, which is the due date for the plaintiff's above claims, has expired.

According to the evidence evidence No. 5, it can be acknowledged that the plaintiff's above claim was due on October 26, 1993, and the lawsuit of this case was filed on September 30, 2014, which had much more than 10 years thereafter, is obvious in records and calendars, and in this case where there is no assertion or proof as to special circumstances, such as the interruption of extinctive prescription, the plaintiff's above claim was extinguished on October 26, 2003.

If so, the above defenses of the defendant B and D are reasonable, and the plaintiff's above defenses against the defendant B and D are without merit.

Therefore, the plaintiff's claim against the defendant A and C is justified, and the claim against the defendant B and C is dismissed as it is without merit.

arrow