대여금
1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.
2...
1. Facts of recognition;
A. Joint and several surety bonds and the judgment in a prior suit against them are confirmed and repaid 1) The Plaintiff shall pay 5,00,000 won to D on August 29, 1996 at an interest rate of 15% per annum, at an overdue interest rate of 20% per annum, and on August 28, 1999 (Provided, That the monthly interest shall be paid on the 25th of each month, but if the interest is not paid by the due date, the interest shall be immediately lost.
(2) Around November 14, 1997, the Plaintiff filed a lawsuit (Seoul District Court 97Da523201) against the Defendant and D on a loan claim against the Defendant and D, as the Defendant and D did not pay interest on the above loan, thereby losing the benefit of time.
3) On December 11, 1997, the Seoul District Court rendered a judgment that "the defendant shall pay to the plaintiff 5,00,000 won jointly and severally with D and the amount calculated by applying 15% per annum from August 29, 1996 to October 24, 1996, 20% per annum from the next day to November 28, 197, and 25% per annum from the next day to the day of full payment" (hereinafter referred to as "the judgment in a prior suit").
(4) On August 18, 1990 and November 13, 2002, the Plaintiff received some money from the Defendant through a real estate auction, etc. on the basis of a claim based on the judgment in the previous suit (hereinafter “instant claim”) which became final and conclusive after February 3, 198, and received KRW 619,135 from D on October 26, 199.
B. As of June 1, 2008, the principal and interest of the instant claim is KRW 13,392,397 (=the remaining principal and interest KRW 2,790,000, KRW 10,602,397) as of June 1, 2008, the Plaintiff filed the instant lawsuit (Seoul Central District Court 2008Dada2548851) against the Defendant and D in order to extend the extinctive prescription of the instant claim established by the judgment on September 16, 2008.
3. The first instance court shall serve a copy of the complaint against the defendant and D, a notice of the date of pleading, etc. by public notice.