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(영문) 서울중앙지방법원 2018.02.06 2016가단137782
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of claim Gap evidence No. 1, Gap evidence No. 2-1, No. 2-2, and Gap evidence No. 3 can be acknowledged in full view of the purport of the entire pleadings, and according to the above facts of recognition, the defendant is liable to pay to the plaintiff the acquisition amount of KRW 159,713,429 and delay damages, unless there are special circumstances as the deceased's heir B.

2. The defendant's argument on the defendant's assertion that the plaintiff's above claim for the loan was extinguished by the prescription period, and according to the above evidence, it can be acknowledged that the date of occurrence of the loan obligation to Dong Mutual Savings and Finance Company C Co., Ltd. and Dong Mutual and Finance Company C jointly and severally guaranteed by the deceased B on September 16, 199. The above loan claim is subject to five years' extinctive prescription with commercial claim, and it is apparent in the record that the plaintiff filed the lawsuit in this case after five years from the above date. Thus, in this case where there is no assertion or proof that the prescription period for the above loan claim has been suspended, it is reasonable to view that the above loan claim for this case expired by the prescription period, and the above loan claim for the deceased joint and several guarantee claim for Dong Mutual and Finance Company B was extinguished by the subsidiary nature of the

Therefore, the defendant's argument pointing this out is with merit, and the plaintiff's argument is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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