logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.09 2015가단5183172
양수금
Text

1. Defendant A Co., Ltd and C shall jointly and severally pay KRW 70 million to the Plaintiff.

2. The plaintiff against the defendant B.

Reasons

1. Determination on the cause of the claim

(a)as shown in the reasons for the attachment of the claim;

B. Defendant A Co., Ltd. and C: Confession (Article 208(3)2 of the Civil Procedure Act) based on recognition: Defendant B does not have any particular dispute over the fact that the claim has occurred.

2. Determination as to Defendant B’s assertion

A. Defendant B alleged that the real estate offered as security was disposed of by auction, but the bank exempted from all interests. However, there is no evidence to acknowledge this part of the Defendant’s assertion.

B. Defendant B asserted that the extinctive prescription period of the claim claimed by the Plaintiff has expired after the lapse of the extinctive prescription period, and thus, it is clear in the record that the lawsuit in this case was brought on June 4, 2015 when five years have elapsed since the due date for payment, which was the period of commercial extinctive prescription, was filed. As such, the said joint and several liability claim had already expired before the filing of the

As such, Defendant B’s above assertion is with merit.

3. In conclusion, the plaintiff's claim against the defendant A corporation and C is justified, and the plaintiff's claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

arrow