대여금
1. The plaintiff
A. Defendant A Co., Ltd. and C shall jointly and severally pay KRW 300,000,000 and all of them from June 1, 2005.
1. Comprehensively taking account of the statements in Gap evidence Nos. 1 and 7, the Jeju District Court of Seoul Central District Court (Seoul District Court 2004Kadan418068) filed a lawsuit against the defendants for a loan claim against the defendants and rendered a favorable judgment on June 24, 2005. The facts that the above judgment became final and conclusive on July 22, 2005, the Savings Bank was in bankruptcy proceeding with Seoul Central District Court 2012Hahap98, which was appointed as the trustee in bankruptcy, and the plaintiff filed the lawsuit of this case for the interruption of the statute of limitations of claims based on the above final judgment, and there is no counter-proof otherwise.
2. Determination as to Defendant C, E, and F’s assertion
A. The summary of the claim is the Seoul Central District Court Decision 2004Kadan418068, supra, recognized the Defendants’ obligations as indicated in the following table, but the above loan contract was not concluded.
AF CF CAC G E, i.e., ① Defendant A Company was insolvent on May 29, 198, and it is not possible to provide a joint and several surety for D Co., Ltd. on December 31, 1998. ② Defendant C lost the management right of Defendant A Co., Ltd. and changed to H on August 25, 199, and there is no reason to provide a joint and several surety for D Co., Ltd. on December 30, 199.
③ In addition, it is not possible to grant a loan because the auction procedure was in progress for the debtor’s real estate during the period mentioned above.
Therefore, the Lee Won-won Mutual Savings Bank did not lend it to Defendant A, D and F.
B. In light of the judgment, the Plaintiff filed a lawsuit against the Defendants on the same cause of claim as in the instant case and received a final and conclusive judgment in favor of the Defendants. As such, in exceptional circumstances, such as the interruption of prescription, a new lawsuit based on the same subject matter of lawsuit as the final and conclusive judgment is allowed.