채무부존재확인
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On January 31, 2001, the Defendant filed a lawsuit against the Plaintiffs for the claim for the payment of goods with Seoul Eastern District Court Decision 2000da93055, and received a favorable judgment from the above court that “the Plaintiffs jointly and severally pay to the Defendant the amount of KRW 14,136,400 and the amount calculated at the rate of 25% per annum from January 7, 2001 to the date of full payment,” and the above judgment became final and conclusive around that time.
B. In order to interrupt the extinctive prescription of a claim under the above judgment, the Defendant again filed a lawsuit against the Plaintiffs by Seoul Eastern District Court 201Gao9384, Sept. 29, 201, and received a favorable judgment from the above court that “the Plaintiffs jointly and severally pay to the Defendant the amount of KRW 14,136,400 and the interest rate of KRW 20% per annum from January 7, 2001 to the date of full payment,” and the above judgment became final and conclusive around that time.
(hereinafter referred to as the “instant judgment”). C.
On May 14, 2015, the Defendant delegated the collection of claims under the instant judgment to Seoul Credit Rating Information Co., Ltd., and the said company notified the Plaintiff B of the acceptance of claims, and notified the claims collection procedure, the debt repayment account, and the person in charge.
On May 27, 2015, the Plaintiffs deposited KRW 2,136,40 as the principal deposit on the ground that the Plaintiffs lent KRW 14,136,400 from the Defendant and repaid KRW 12,00,000 among them, and the Defendant refused to receive KRW 2,136,40,000. The Defendant reserved an objection on June 12, 2015 and received the said deposit.
E. Meanwhile, on May 26, 2015, based on the instant judgment, the Defendant applied for registration of the defaulters’ list against the Plaintiffs, etc. on or around May 26, 2015. On or around June 10, 2015, the Defendant applied for the seizure and collection order regarding the Plaintiffs’ claim against the third obligor.
【Ground of recognition】 dispute.