beta
(영문) 전주지방법원 군산지원 2018.10.02 2018가단2184

대여금

Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 37,930,00 and shall be jointly and severally from December 31, 2006 to October 25, 2007.

Reasons

The plaintiff was sentenced on February 19, 2008 to the Jeonju District Court 2007da18947, "the defendant jointly and severally with C to pay 45,000,000 won and 20% interest per annum from December 31, 2006 to October 25, 2007, and 5% per annum from the next day to the day of full payment." The fact that the above judgment became final and conclusive around that time can be acknowledged by comprehensively taking into account the contents of evidence No. 1 and the purport of the entire pleadings.

Meanwhile, the plaintiff filed the lawsuit in this case for the interruption of the extinctive prescription of a claim based on the above judgment, and the plaintiff is entitled to deduct KRW 7,070,00 from the principal of the judgment above. The defendant is jointly and severally liable with C to pay to the plaintiff 37,930,000 (= KRW 45,000,000 - KRW 7,070,000) and damages for delay calculated at the rate of 5% per annum from December 31, 2006 to October 25, 2007 and from the next day to the date of full payment.

The plaintiff's claim of this case is justified and accepted.