대여금(소멸시효연장을 위한)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff lent money to the Defendants as follows.
The temporary amount of the sequence 10,000,000 on December 29, 2003; 10,000 on August 23, 2004; 30. 15,000,000 on August 30, 2005; 26. 35,000,000 on December 36, 2005; 5,000,000 on December 31, 2007; 110,000,000 on December 31, 2007
B. The Plaintiff filed a lawsuit against the Defendants on the loans amounting to the Busan District Court Branch Decision 2008Gahap37000, and on August 1, 2008, the Plaintiff rendered a judgment that “the Defendants jointly and severally pay to the Plaintiff 110,000,000 won and the interest rate of 24% per annum from April 20, 2008 to the date of full payment” was finalized on September 5, 2008.
C. Even after the above judgment was rendered, the Plaintiff filed a criminal complaint against the Defendants since it did not receive money from the Defendants.
Ultimately, even if the Defendants borrowed money from others, a public prosecution was instituted against the Defendants by deceiving the victims as a sum of KRW 110,000,000 by deceiving them, even though they did not have the intent or ability to repay it, and on March 25, 2010, the Incheon District Court Decision 2009Dadan821 was sentenced to a conviction of fraud against the Defendants, which became final and conclusive around that time.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the legitimacy of the instant lawsuit
A. Since a favorable judgment in favor of a final and conclusive judgment has res judicata effect, where a party who has received a final and conclusive judgment in favor of the other party to the previous suit files a lawsuit against the other party to the previous suit identical to that of the final and conclusive judgment in favor of the former suit, the subsequent suit shall be deemed unlawful as there is no benefit of protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of extinctive prescription of a claim based on
B. (See, e.g., Supreme Court Decisions 87Meu1761, Nov. 10, 1987; 2005Da74764, Apr. 14, 2006).
Defendant B ex officio made an ex officio decision on the legitimacy of the lawsuit against Defendant B.