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(영문) 서울중앙지방법원 2017.04.25 2016가단5312458
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The defendant asserts to the effect that "the decision of recommending reconciliation as to the claim of this case became final and conclusive, and thus there is no interest in litigation."

Examining the reasoning of the evidence Nos. 1 and 2, in full view of the purport of the entire pleadings, it is revealed that the decision of recommending reconciliation (2008da17203, Apr. 10, 2009) was finalized on the claims of this case as indicated in the annexed claim No. 1 and 2, as alleged by the Plaintiff, and it is difficult to view that the expiration of the extinctive prescription period is excessive and there is a benefit in the lawsuit. Accordingly, the lawsuit of this case is unlawful as there is no benefit in the protection of rights.

Thus, the defendant's above argument is justified, and the lawsuit of this case is dismissed.

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