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(영문) 서울동부지방법원 2020.10.28 2019가단160656
청구이의
Text

The defendant's (appointed parties) and the designated parties are the Seoul Eastern District Court 200 Ghana18306 Promissory Notes case.

Reasons

1. Facts of recognition;

A. The Defendant issued a promissory note (hereinafter “instant promissory note”) on September 19, 198 and delivered it to the Defendant on December 19, 198, which was determined as the issuer D and E, the face value of 7,700,000 won, and the due date on December 19, 1998.

B. The Seoul Northern District Court Decision 23004, April 4, 1997 (the maximum debt amount of KRW 30,000,000,00, and the contract establishing a contract on April 3, 1997, the debtor D, the mortgagee and the mortgagee registered the establishment of a mortgage for the Defendant as to F G located in Dongdaemun-gu Seoul, Seoul, but the same month was the same as the receipt of the court on September 21, 1998.

1. The registration of cancellation of the registration of the establishment of a mortgage near the ground of termination was completed;

C. Around February 200, the defendant filed a lawsuit against D and E with this court as to the claim for promissory notes amounting to KRW 7,700,000 and KRW 75% per annum from December 20, 1998 to June 22, 2000, and paid to the defendant 7,700,000 and KRW 25% per annum from the next day to the day of full payment (hereinafter "the judgment of this case"), and the above judgment became final and conclusive on August 18, 200.

E As a result of the death of a child, H, Appointors D, plaintiffs, I, Appointors J (hereinafter referred to as "Plaintiffs, etc.") jointly succeeded to the property.

[Based on recognition] Evidence A 1 to 4, Evidence B 1 to 3, the court's significant facts, and the purport of the whole pleadings.

2. Judgment on the parties' arguments

A. Article 165 of the Civil Act provides that the period of extinctive prescription of a claim established by a judgment that has the same effect as a final and conclusive claim or a judgment shall be ten years, even if the claim falls under the short-term extinctive prescription.

According to the facts of the foregoing recognition, the extinctive prescription of a claim based on the judgment of this case is ten years.

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