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(영문) 서울중앙지방법원 2017.12.20 2017가단68975
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to 5 of the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

2. The defendant's assertion asserts that the five-year extinctive prescription for the claim of this case has expired.

In full view of the overall purport of the arguments in evidence Nos. 1 and 3, each of the instant claims can be acknowledged as having come due at the latest before August 30, 201, and barring any special circumstance, the extinctive prescription shall run as possible at the time of the due date. It is evident that the instant lawsuit was filed on June 29, 2017, which is five years after the lapse of the five-year extinctive prescription under the Commercial Act. Thus, the Defendant’s defense of extinctive prescription is well-grounded.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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