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(영문) 인천지방법원 2016.07.13 2016가단202274
확정손해금 청구의 소
Text

1. Defendant A corporation pays KRW 46,872,329 to the Plaintiff.

2. The plaintiff's claim against the defendant B.

Reasons

1. Determination as to Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1) As to the claim for final and conclusive damages indicated in the Plaintiff’s attached Form No. 1, Defendant B asserted that, after the judgment of the Incheon District Court 2003Da12464 claim against the Plaintiff’s Defendants became final and conclusive on October 23, 2003, Defendant B paid part of the above debt until June 12, 2012, Defendant B, a joint and several surety, thereby interrupting the prescription period. However, Defendant B’s joint and several surety obligation became extinct without the interruption of the prescription period, and Defendant B’s joint and several surety obligation became extinct due to the lapse of the prescription period without the interruption of the prescription period. 2) Accordingly, the Plaintiff’s representative liquidator of Defendant A Co., Ltd (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) on behalf of the Defendant Company, who is the principal obligor, has partially repaid the debt from June 23, 2006 to June 12, 2012.

B. Determination 1) Even if the extinctive prescription of a guaranteed obligation has not been completed due to such reasons as suspending the extinctive prescription of the principal obligation, where the extinctive prescription of the principal obligation is completed due to the completion of the extinctive prescription, the principal obligation is naturally extinguished due to the completion of the extinctive prescription, and thus, the guaranteed obligation also extinguished according to the subsidiary nature of the guaranteed obligation (see, e.g., Supreme Court Decisions 78Da2157, Feb. 13, 1979; 201Da78606, Jan. 12, 2012). Furthermore, even if the surety performed or approved the guaranteed obligation upon expiration of the extinctive prescription of the principal obligation, even if the surety performed or approved the guaranteed obligation upon expiration of the extinctive prescription of the principal obligation, the waiver of the extinctive prescription of the principal obligation by the surety, other than the principal obligor, cannot be said to

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