logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.23 2016가단5224544
양수금
Text

1. Grounds for claim in attached Form among the lawsuit of this case

2. Each claim of the money Nos. 1 and 6 among the "the occurrence of a claim" is made.

Reasons

1. Attached Form 2 to the portion dismissed;

2. In full view of the Plaintiff’s assertion and each entry in the evidence Nos. 1 and 6 (including the serial number) as to each of the above claims (as to the claims acquired from the new card and lot card), it is difficult to view that there is a favorable judgment in favor of the Plaintiff as to each of the above claims (the claims acquired from the new card and lot card), and otherwise, it is difficult to view that there is a benefit of lawsuit due to the lapse of the extinctive prescription period as a case where there is a benefit of lawsuit due to the excessive expiration of the extinctive prescription period, the above claim part is unlawful as there is no benefit of protecting the rights. Accordingly, the

2. In full view of the respective descriptions and the overall purport of arguments as indicated in Gap evidence Nos. 1 through 4, 6, and 9 (including additional numbers) as to each of the above claims (However, the "creditor" is deemed to be "Plaintiff", and the "debtor" shall be deemed to be "Defendant". Thus, the defendant is liable to pay the plaintiff the unpaid principal and interest and damages for delay as stated in paragraph (2) of this Article.

Although the Defendant alleged to the effect that “the extinctive prescription for each of the above claims has expired,” in full view of the purport of the entire pleadings, it can be known that the instant lawsuit was filed before five years have elapsed from the date of the final repayment of each of the above claims. Therefore, the Defendant’s argument

Thus, this part of the plaintiff's claim is justified and accepted.

arrow