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(영문) 대전지방법원 2018.10.11 2017가단26376
공정증서(시효연장)
Text

1. The Defendants each amounting to KRW 25,000,000 to the Plaintiff, and the Defendant limited liability company’s World Cup Holdings Center.

Reasons

1. Title (Evidence A) owned by the Plaintiff (Evidence 1) was leased KRW 50 million to the Defendants on December 3, 2007 (30% per annum of January 3, 2009) and a notary public drawn up on December 9, 2007 issued to the Defendants a notarial deed (hereinafter “notarial deed of this case”) with executory power under the Daejeon General Law Firm No. 3692, Dec. 3, 2007.

2. Claim against the defendant limited liability company, World Cups and Holdings Center.

A. Lawsuit for an extension of the prescription period of the Notarial Deed indicated in the claim

(b) Article 208(3)3 of the Civil Procedure Act:

3. A claim against the Defendant Limited Liability Company, and the Digital Holdings Center.

A. The Plaintiff’s claim for the extension of the period of prescription of the Notarial Deed of this case (in particular, the Plaintiff did not claim the agreement over about 10 years, and only claimed the principal and damages for delay as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

B. The defense of the Defendant Limited Liability Company, which was rejected - the Defendant Limited Liability Company, is a defense to the effect that the obligation to the Plaintiff pursuant to the instant notarial deed has already been fully repaid and extinguished. However, in light of the overall evidence submitted by the Defendant Limited Liability Company, and each of the response of the order to submit financial transaction information to financial institutions (NHF Bank and the Postal Information Center), it is insufficient to acknowledge the fact that the Defendant paid the principal, and there is no other sufficient evidence to acknowledge it.

4. Conclusion in favor of the Plaintiff

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