손해배상(기)
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant C shall pay to the Plaintiff KRW 497,831,252 and the above amount, whichever is 154,337.
1. The fact of recognition that the plaintiff filed a lawsuit against the defendants, who are general partners of limited partnership D ( Daejeon District Court Hongsung Branch Office 2005Gahap692) from November 25, 2005, "the defendant jointly and severally held the plaintiff 497,831,252 won and 154,37,500 won to the plaintiff from March 17, 2002 to the date of full payment, the amount equivalent to 20% per annum from March 17, 2002 to the date of full payment, the amount equivalent to 343,493,753 won from August 5, 200 to January 26, 2005 to the date of full payment, and the amount equivalent to 20% per annum from the next day to January 26, 2005 to the date of full payment was determined in favor of the plaintiff (hereinafter "the judgment of this case"). The above judgment became final and conclusive on December 17, 2005.
[Reasons for Recognition] Defendant B: Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings: The fact that there is no dispute
2. The lawsuit of this case brought for the interruption of extinctive prescription due to the excessive expiration of the extinctive prescription period of the claim based on the final judgment as to the claim against Defendant C is a benefit in the lawsuit of this case. Defendant C is obligated to pay to the Plaintiff 497,831,252 won with 20% interest per annum from March 17, 2002 to the date of full payment to the date of full payment, 343,493,753 won per annum from March 17, 2002 to the date of full payment, 343,493,753 won per annum from August 5, 200 to January 26, 2005, and 20% per annum from the next day to the date of full payment.
3. Determination as to the claim against the defendant B
A. In regard to the instant lawsuit against Defendant B (hereinafter “Defendant”), the Defendant was declared bankrupt and granted immunity in order to prevent the claim of the instant judgment amount against Defendant B (hereinafter “Defendant”) from becoming extinct due to the ten-year prescription period.
B. In full view of the overall purport of the arguments in the evidence Nos. 1 through 6, the Defendant filed an application for immunity on March 13, 2013, Daejeon District Court Decision 2013Hadan509, and 2013Ma510, the Defendant filed an application for immunity on August 30, 2013 (hereinafter “instant immunity”).
The decision to grant immunity on September 14, 2013 became final and conclusive upon the receipt of the B, and the instant case.