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(영문) 서울서부지방법원 2020.05.26 2020가단206710
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 253,881,949 and KRW 43,491,346 among them.

Reasons

1. According to the evidence No. 1 and No. 5 of the judgment as to the cause for the claim, it is recognized that the facts as to the cause for the claim in the annexed sheet are recorded. Therefore, the Defendants are jointly and severally liable to pay the amount claimed (hereinafter “instant claim”) to the Plaintiff, barring any special circumstance.

2. As to the Defendants’ assertion on the lapse of the statute of limitations, the Defendants asserted that the Plaintiff’s claim against the Defendants has expired due to the completion of the statute of limitations, so the interruption of the statute of limitations against the principal obligor is effective against the guarantor (Article 440 of the Civil Act), and according to the evidence No. 5-1 through No. 3, the Plaintiff applied for a payment order against Nonparty E, the principal debtor, to this court for the payment order for the instant claim under 2009 tea3249, and the payment order was issued on April 2, 2009, and the above payment order became final and conclusive on November 26, 2009.

Therefore, the statute of limitations of the instant claim against the Defendants, a joint and several surety, shall begin to run anew from November 27, 2009, and on September 27, 2019, for which ten years have not passed thereafter, the Plaintiff filed a lawsuit of this case (request for payment order) on September 27, 2019, shall be deemed to have been remarkably suspended by this court, and thus, the aforementioned assertion by the Defendants shall not be accepted.

3. If so, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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