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(영문) 서울동부지방법원 2020.05.22 2019나29404
청구에 관한 이의의소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of this court is as stated in the judgment of the court of first instance, except in the following cases where the part of the judgment on the defendant's defense between 16 and 4-5 of the judgment of the court of first instance concerning the defendant's defense is written: therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article

【On the other hand, an obligor who has received the prescription benefit may waive the said benefit after the completion of the statute of limitations, and such expression of intent is an expression of intent in need of the effect that he/she would not receive any legal benefit due to the completion of the statute of limitations. Determination as to whether there exists an expression of intent to waive the prescription benefit ought to be made by comprehensively examining the content, motive and background of indicated act or expression of intent, the purpose and genuine intent that the parties intend to achieve by expressing intent, etc., and ought to be objectively and reasonably reasonable in accordance with logical and empirical rules, and the common sense of society so as to conform to the ideology of social justice and equity (see Supreme Court Decision 2014Da32458, Jul. 11, 2017). If an obligor partly repaid his/her obligation after the expiration of the statute of limitations, the obligor shall be deemed to have given implied approval of the entire obligation unless there is any dispute over the amount of the statute of limitations expired (see Supreme Court Decision 2010Da6345, May 13, 201010).

In accordance with Article 71(1), G filed an application for debt settlement pursuant to Article 71(1), and in the procedure, the sum of KRW 1,636,408, interest KRW 4,275,759, and overdue interest KRW 1,550,179, the amount of KRW 7,462,346, and KRW 11,93, and KRW 11,851, and KRW 11,851, incurred until that time.

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