대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Whether a subsequent appeal is lawful;
A. The following facts are acknowledged according to Gap evidence 3, Gap evidence 4-1, Gap evidence 4-2, 3, and Gap evidence 5, and the court's significant facts and the purport of the whole arguments.
1) On June 23, 2000, the Plaintiff filed the instant lawsuit against the Defendant as Busan District Court 2000Kahap11396. The said court proceeding as a procedure for service by public notice and proceeded with the Plaintiff’s winning judgment on August 16, 200 (hereinafter “instant judgment”).
(2) The plaintiff filed an application for entry in the defaulters' list against the defendant as the holder of the title of the instant judgment by means of service by public notice to the defendant. (3) The plaintiff filed an application for entry in the defaulters' list against the defendant by Goyang-gu District Court 2006Kao1946 and received a ruling of acceptance on November 14, 2006.
3) On May 13, 2010, the Plaintiff filed a lawsuit against the Defendant for the extension of the extinctive prescription of the instant judgment under the Busan District Court Decision 2010Da52085. The said court proceeding as a service by public notice and proceeding as to the Plaintiff’s winning judgment on December 14, 2010 (hereinafter “after-sale judgment”).
(2) The judgment of the court below was delivered to the defendant by public notice. In the indication column of the claim for the subsequent decision of the court below in this case, "the plaintiff filed a lawsuit against the defendant on August 16, 2000 against Busan District Court 200Kahap11396, and the defendant paid to the plaintiff the amount calculated at the rate of 25% per annum from July 23, 2000 to the date of full payment." The above judgment became final and conclusive around that time. The plaintiff again filed the lawsuit in this case in order to suspend the extinctive prescription of the above loan claim which became final and conclusive. (4) The plaintiff filed an application for replacement of the defaulters' list against the defendant as the title of the subsequent judgment of the court of Busan District Court 2018Kadan10777, the plaintiff filed an application for replacement of the defaulters's list of defaulters on January 11, 2019.