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(영문) 서울중앙지방법원 2016.02.16 2014가단5290882
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 61,287,531 and KRW 20,216,835 among the costs.

Reasons

1. It shall be as described in the grounds for claims changed in attached Form of basic facts;

(Plaintiff withdrawn a lawsuit against D, E, F, G, and H). [Grounds for recognition] A, entry in Gap evidence Nos. 1, 2, 3, 5, 6, and 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendants are obligated to pay the amount stated in Paragraph (1) of this Article to the plaintiff.

B. Defendant A and B asserted to the effect that, five years have passed since Defendant A borrowed money from the former Dong-dong Credit Union, the High-Level Credit Union, and the High-Level Community Credit Cooperatives (hereinafter “creditors”), the Plaintiff’s claim acquired by transfer became extinct by prescription.

It is clear that the plaintiff's lawsuit of this case was instituted after five years have passed since the defendant A borrowed money from the obligees.

However, comprehensively taking account of the overall purport of the arguments in evidence Nos. 5, 6, and 7, the former Eastern Credit Union filed a lawsuit against the Defendants for the payment of the above loans (former District Court Decision 2004Da315, Oct. 30, 2004; Supreme Court Decision 2004Da75315, Nov. 29, 2004 for Defendant A; Supreme Court Decision 2005Da1455, Nov. 19, 2004; Supreme Court Decision 2005Da1675, Nov. 19, 2005; Supreme Court Decision 2005Da1657, Oct. 16, 2005; Supreme Court Decision 2005Da1475, Nov. 16, 2005).

According to the above facts of recognition, the obligees' claims for loans were all interrupted due to claims and seizures against the defendants. Thus, defendant A and B's claims are without merit.

3. Conclusion.

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