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(영문) 서울중앙지방법원 2016.06.01 2015가단5394132
양수금
Text

1. The defendant shall pay to the plaintiff KRW 30,00,000 as well as 18% per annum from December 21, 2001 to July 30, 2005, and July 31, 2005.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

Each entry of evidence Nos. 1 through 3 and the purport of the whole pleadings

2. As to this, the defendant jointly and severally guaranteed the non-party medical corporation B at the time of receiving a loan from the Korean Loan around 1997. From December 21, 2001 to December 21, 2001, the statute of limitations expired pursuant to Article 152(1) of the Civil Act. Thus, since the initial date of the statute of limitations is the starting point of calculating the period of the statute of limitations that falls under the legal effect of the extinction of the obligation and the specific fact that constitutes the legal requirement of the defense of the statute of limitations, this is subject to the principle of pleading. Therefore, if the initial date of the statute of limitations differs from the initial date of the pleading, the court should calculate the statute of limitations based on the initial date of the pleading. This is the same as the defendant's assertion that the party's second day after the initial date of the statute of limitations period was the initial date of the lawsuit, and there is no special reason to the contrary, the defendant's assertion that the above statute of limitations period had expired prior to the lapse of the statute of limitations.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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