logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.22 2016나53870
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The reasoning for the court's explanation on this case is as follows, except for the waiver of the completion of prescription by the collection procedure under Paragraph (3) (b) of the reasoning of the judgment of the court of first instance, since the reasoning of the judgment of the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance. Thus, it is citing

B. The Defendant waivers of the completion of the statute of limitations under the collection procedure is a seizure and collection order against the Plaintiff’s deposit and insurance claim with the original copy of the instant payment order as the execution bond (Scheon District Court Gangnam-gu 2015 Other 3214, hereinafter “the seizure and collection order of the instant claim”).

(3) The Majority Opinion argues that: (a) the obligor, who received the money for collection and received the money for collection and did not raise any objection until it is appropriated for repayment; and (b) the obligor waivers the benefit of the completion of prescription. In the event that a partial repayment of an obligation after the expiration of the extinctive prescription was made by the obligor, barring any dispute as to the amount of the obligation, it shall be deemed that the obligee impliedly approved the entire obligation, barring any dispute as to the said amount; and (c) in such a case, the obligee, who has executive title based on a bill of exchange, filed an application for compulsory execution against corporeal movables by the obligor; and (d) the obligor did not raise any objection until the proceeds of the compulsory execution procedure were delivered to the obligee and appropriated for partial repayment of the obligation; and (e) barring any special circumstance, the obligor may be deemed to waive the benefit of extinctive prescription against the claim; (e) the obligor’s proceeds of corporeal movables are delivered to the obligee, and (e) the obligor ought to be proved to have partially repaid the

arrow