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(영문) 대전고등법원 2017.04.19 2016나15394
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, since the court of first instance excluding any dismissal or addition as follows.

2. The three pages 8 to 12 of the 3 pages 8 and 12 are as follows, the Plaintiff and E are both merchants at the time of the instant payment angle, and the loan, which forms the basis of the obligation under the instant payment note, was borrowed by E for business purposes.

Therefore, the Plaintiff’s claim against E based on the instant payment rejection ought to be subject to the five-year extinctive prescription period as stipulated by the Commercial Act.

However, since the lawsuit of this case was filed five years after the due date specified in the letter of claim for payment in this case, the plaintiff's claim against E under the letter of claim for payment in this case expired by prescription, and the defendant's guarantee liability against the plaintiff under the letter of claim for payment in this case was extinguished due to the extinguishment of the principal obligation.

The following shall be added to the 5th 5th 1st "the 5th 1st e.g., "the 3th e.g., the 5th e., the 5th e.g., the 3th e.,

9. Upon receipt of a decision to grant immunity on 25.25. When the Defendant prepares the instant payment note to the Plaintiff, the Defendant’s preparation of the instant payment note was 20 days old since the Defendant filed an application to grant immunity as above, and the amount was 150 million won or more, and the Defendant cannot be said to bear or be exempted from the instant payment obligation solely on the ground that E, the primary debtor, was believed to perform the obligation under the instant payment note, as alleged by the Defendant, and if the Defendant did not enter the instant payment guarantee obligation in the creditor list due to the above trust, the Defendant shall bear the instant payment obligation to the creditor list with the knowledge that he was aware of the fact that he assumed the instant payment obligation.

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