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(영문) 광주지방법원 2018.07.06 2017가단9416
구상금
Text

1. The Defendants jointly and severally pay KRW 53,908,851 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The description of the grounds for the attachment to the description of the claim and the grounds for the corrected claim;

2. Grounds for recognition;

(a) Defendant A: Each description of evidence set forth in subparagraphs 1 through 5, and the purport of all pleadings;

(b) Defendant B and C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)

3. As to the claim of Defendant A, the above defendant asserted that the statute of limitations has expired, it is obvious that the plaintiff satisfied the obligation to pay loans to Hyundai Motor Service Co., Ltd. on March 4, 1996 according to the guarantee insurance contract with the above defendant, and that the lawsuit of this case was filed after the lapse of 10 years thereafter. However, the plaintiff filed a lawsuit against the above defendant for the claim of indemnity amount under the Jeonju District Court 97Gadan2349, the Jeonju District Court 97Gadan2349, and thereafter, the lawsuit for the claim of indemnity amount was suspended by filing the lawsuit for the claim of indemnity amount with the Jeonju District Court 2007Gaso3647, the statute of limitations has become final and conclusive on August 14, 2007, and the lawsuit of this case was interrupted again on April 12, 2017.

Therefore, the above defendant's defense is without merit.

In regard to this, the above defendant asserted that the lawsuit filed against the above defendant by the plaintiff at the Jeonju District Court 2007Gao3647, the defendant's claim for indemnity amount was completed 5 years after the extinctive prescription period for commercial claims was expired. However, even if the claim established by the judgment falls under the short-term extinctive prescription, the extinctive prescription period is 10 years (Article 165 (1) of the Civil Act). The above defendant's claim is without merit.

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