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(영문) 서울중앙지방법원 2015.12.04 2015가단5200961
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 74,016,087 and KRW 37,962,935 among them:

B. A. Joint with Defendant A.

Reasons

1. The facts constituting the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 5. Thus, the defendants are liable to pay the money stated in

2. Determination as to Defendant C’s assertion of extinctive prescription

A. Since the extinctive prescription of the Defendant C’s surety obligation against the alleged agricultural cooperatives was completed, the extinctive prescription for the Defendant C’s surety obligation has also expired.

B. In full view of the purport of evidence No. 4-3 of the argument as to the whole, as to the defendant A and C, the Changwon District Court 2005Da493 applied for a payment order seeking a loan from the Changwon District Court 2005Da493, Jul. 6, 2005. The above Defendants jointly and severally filed an order for payment with the defendant A and C to pay 24 million won and the amount calculated at the rate of 9.09% per annum from November 11, 2002 to November 10, 2003, and 17% per annum from the next day to the day of full payment. The above payment order was finalized on July 22, 2005, and the plaintiff received the above claim from the agricultural cooperative, and the plaintiff's assertion that the above lawsuit was filed on June 23, 2015 has no merit.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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