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(영문) 서울중앙지방법원 2017.10.18 2017가단46630
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 232,083,775 as well as KRW 120,680,442 as to the Plaintiff from February 4, 2017.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 8

B. According to the evidence revealed earlier, the Plaintiff filed an application for the auction of real estate rent C on April 21, 201 based on the right to collateral security, the claims for each of the loans of this case as the secured claim, with the Suwon District Court, and on March 5, 2012, the distribution schedule was prepared to distribute the amount of KRW 676,545,670 to the Plaintiff on March 5, 2012, and the distribution schedule became final and conclusive on the same day. 2) If so, the extinctive prescription of each of the loans of this case is followed again from the date after the distribution schedule became final and conclusive (see, e.g., Supreme Court Decision 2008Da89880, Mar. 26, 2009). Since the instant payment order was filed on February 20, 2017, the period of extinctive prescription of the Defendants cannot be accepted.

2. Accordingly, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.

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