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(영문) 서울중앙지방법원 2020.08.26 2019나44967
약정금반환 청구의 소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the court of first instance citing the reasoning of the judgment below citing “I” of the first instance 4 and 5 as “J of the Co., Ltd.”; and (b) the court of first instance added a new judgment on the Plaintiff’s new argument as follows; and (c) such judgment is cited pursuant to the main sentence of Article 42

(The first instance court's findings and determination are justifiable in light of the evidence submitted by the Plaintiff in this court, which was duly adopted and examined by the first instance court, and the first instance court's findings and determination is justifiable).

A. The gist of the Plaintiff’s assertion is that the claim for activity expenses asserted by the Defendants as the automatic claim for a set-off defense is a claim for the payment of money for a period not exceeding one year under Article 163 subparag. 1-1 of the Civil Act, which takes three years of extinctive prescription.

The Defendants’ claim on the monthly activity expenses from around August 2, 201 to July 7, 2014 against the Plaintiff was exercised by the Defendants’ statements at the Defendant’s reply dated January 25, 2019 and the first day for pleading of the first instance trial ( April 23, 2019), and the extinctive prescription has already expired.

B. According to the evidence Nos. 1 and 1 evidence Nos. 1 and 1, a joint agreement concluded between the Plaintiff and the Defendants on August 2, 201 between the Plaintiff and the Defendants on August 2, 201 that the Plaintiff shall pay KRW 1 million each month to the Defendants as activity expenses. According to the above facts of recognition, monthly activity expenses claims against the Defendants from August 2, 201 to July 7, 2014 can be deemed as rights subject to the short-term extinctive prescription period of three years under Article 163(1) of the Civil Act, with claims for the payment of money within a period not exceeding one year from August 2, 201 to July 7, 2014. However, it is evident that the Defendants exercised the claims through statements at the reply and the date of pleading at the expiration of three years.

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