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(영문) 광주지방법원 2017.10.31 2017가단509374
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserted that, under the defendant's joint and several guarantee, B had the remainder of the principal amount of KRW 19,638,501 and accrued interest of KRW 981,61,605 by making credit transactions, such as credit installment loans, from December 26, 1995 to December 31, 1998, and had the remainder of KRW 981,61,605 under the defendant's joint and several guarantee. However, the above monetary claim was taken over from (ju), be paid from the Vietnamn Investment Loan, which was then received from the Seoul Southern District Court as the payment order was received by the plaintiff, and therefore, the defendant claimed that the payment of the above monetary claim was completed at the expiration of the five-year commercial prescription period. Even if the plaintiff's monetary claim was received by the plaintiff before the expiration of the five-year commercial prescription period, the plaintiff's defense was already completed after the lapse of the five-year statute of limitations period.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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