기타(금전)
1. The defendant shall pay to the plaintiff the amount of KRW 262,09,174 as well as KRW 260,857,094 as well as the amount of KRW 260,857,09 from October 10 to the date of full payment.
The plaintiff filed a lawsuit against B (hereinafter referred to as “B”), the defendant, and C to claim the repayment of bonds (Seoul Central District Court 2009Gahap14413). The above court rendered a judgment on July 2, 2009 with respect to B, the defendant by public notice, and with respect to C, "B, the defendant, and C shall jointly and severally pay 519,278,794 won and 21% interest per annum from October 10, 2004 to the date of full payment (hereinafter referred to as “full-time judgment”), which became final and conclusive at that time.
On June 18, 2019, the Plaintiff applied for the instant payment order for the extension of the extinctive prescription of the claim based on the judgment in the previous suit.
On the other hand, the plaintiff's substitute payment occurred due to the lawsuit of the above paragraph (a) and the balance is KRW 1,152,080.
【In the absence of dispute, there is res judicata effect on a final and conclusive judgment that became final and conclusive on the grounds of a claim for judgment as to the overall purport of pleadings, the relevant parties against whom the final and conclusive judgment in favor of the other party has been rendered are unlawful as there is no benefit in the protection of rights, as there is no benefit in the protection of rights.
However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.
(2) In light of the aforementioned facts and the aforementioned legal principles, barring any special circumstance, the Defendant shall pay to the Plaintiff the remainder of KRW 260,857,094 and the remainder of KRW 262,009,174, and the remainder of KRW 260,857,09,177,094, and the remainder of KRW 260,857,094, which the Plaintiff claimed, from October 104, 2004, with the exception of the amount that the Plaintiff recovered and appropriated for the principal of the claim based on the judgment in the previous lawsuit, and the amount of KRW 260,857,09,094, which the Plaintiff claimed.