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(영문) 서울중앙지방법원 2015.01.30 2014가단5038190
양수금
Text

1. The Plaintiff:

A. Defendant A’s KRW 44,986,478 and KRW 29,257,91 among the Plaintiff’s KRW 44,986,478 and the Plaintiff’s KRW 11.00 from February 11, 2014.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To describe the grounds for claims in attached Form and the changed grounds for claims as stated in attached Form;

(However, the plaintiff withdrawn the action against the co-defendant F).

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. Determination as to the claim against the defendant B, C, and D

A. In full view of Gap's evidence Nos. 1 through 4 (including each number), Eul's evidence Nos. 1 and 1, Eul's evidence Nos. 1 and the whole purport of the arguments, defendant B, C, and D, the heir of the network E, filed a report on the inheritance-limited approval with the Chuncheon District Court 2003Ra335, Dec. 1, 2003, and the above court accepted it on Dec. 1, 2003. Thus, according to the above facts of recognition, the above facts of recognition are within the scope of property inherited from the network E, and the defendant B and D are jointly and severally and severally liable with the defendant for 12,539,105 won out of the money No. 1. 1, as well as 12,539,105 won out of them, and the defendant C and D are jointly and severally liable with the defendant A to pay 12,8539,279 won out of the amount No. 1. 20. 31,814.

B. The above Defendants asserted that Defendant B, C, and D’s claim for loans against Defendant A had ceased to exist after the lapse of five years of extinctive prescription. Thus, the Plaintiff’s claim for loans against the above Defendants was extinguished by prescription.

According to the statement in Gap evidence 2-2 and 3, the fact that the plaintiff's claim of this case was due on April 8, 2003 is recognized as mentioned above, and the defendant A, the principal debtor, deposited money in the passbook from the due date to March 10, 2010. According to the above facts, according to the above facts, the defendant A approved the obligation by paying the above loan after the expiration of the statute of limitations or after the expiration of the statute of limitations.

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