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(영문) 서울중앙지방법원 2017.06.27 2017가단36763
보증채무금
Text

1. The Defendant is jointly and severally and severally with B and C as to KRW 256,284,185 and KRW 61,768,482 among them.

Reasons

1. In full view of the respective descriptions in the evidence Nos. 1 and 2 as to the cause of the claim and the overall purport of the pleadings, it is recognized that the same cause of the claim is recognized as indicated in the separate sheet (Provided, That the “creditor” shall be deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”; thus, the Defendant is liable to pay the Plaintiff the unpaid principal and

2. Judgment on the defendant's assertion

A. The defendant alleged to the effect that the joint and several surety was forced by B, but there is no evidence to acknowledge it, and the defendant's above assertion is without merit.

B. The Defendant alleged to the effect that “the five-year extinctive prescription for the instant claim has expired,” but in full view of the purport of the entire pleadings as to the instant claim in the statement No. 2, it can be known that the payment order was finalized, and that the instant lawsuit was filed before the lapse of ten (10) years thereafter (in the case of the claim for which the payment order was finalized, the period of extinctive prescription is ten (10) years).

3. Conclusion, the plaintiff's claim is justified and acceptable.

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