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(영문) 서울중앙지방법원 2016.06.22 2015가단5144672
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

According to the statement in Gap 1 through 4, since the facts in the reasons for the claim are recognized, the defendants are jointly and severally liable to pay to the plaintiff 679,525,669 won and 70,000,000 won, which the plaintiff seeks as part of the claim, at the rate of 15% per annum from February 17, 2016 to the day of complete payment.

However, in a case where the extinctive prescription of the principal obligation is completed, the principal obligation is naturally extinguished due to the completion of the extinctive prescription, and thus, the guaranteed obligation also ceases to exist as a matter of course (see, e.g., Supreme Court Decisions 2000Da62476, May 14, 2002; 2010Da51192, Jul. 12, 2012). As long as the Plaintiff did not submit any evidence to acknowledge that an additional suspension of the extinctive prescription was taken against Defendant A, a guarantor of the guaranteed obligation, according to the subsidiary nature of the guaranteed obligation, and the Plaintiff’s joint and several surety obligation against the Defendants of the Plaintiff, the Plaintiff’s claim against the Defendants of this case is without merit.

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