보증채무금
1. The Plaintiff:
A. Defendant B shall pay KRW 40,000,000 as well as 20% per annum from September 19, 2004 to the day of full payment.
1. The Plaintiff’s final and conclusive judgment in favor of the Defendants rendered a favorable judgment against the Defendants in the lawsuit filed against the Defendants, and the judgment became final and conclusive, and filed the instant lawsuit on January 19, 2015 for the interruption of extinctive prescription. A.
Daegu District Court 2004Kadan97125 Decided April 20, 2005 filed a lawsuit against the Defendants seeking joint payment of KRW 40,000,000 and damages for delay, and was sentenced as follows.
1. Defendant B shall pay to the Plaintiff 40,000,000 won with 20% interest per annum from September 19, 2004 to the day of full payment.
2. The plaintiff's claim against the defendant C is dismissed.
Of the above judgments, the part against Defendant B was finalized on May 19, 2005.
On the other hand, the Plaintiff appealed against Defendant C.
B. On February 22, 2006, the appellate court rendered a judgment on February 22, 2006 with respect to the part against which the Plaintiff lost against the Defendant C with the obligation to guarantee the Defendant of Daegu District Court 2005Na7403.
1. The part of the judgment of the court of first instance against the plaintiff falling under the following part of the order of payment shall be revoked:
Defendant C shall pay to the Plaintiff 8,00,000 won with 5% interest per annum from September 19, 2004 to February 22, 2006, and 20% interest per annum from the next day to the day of full payment.
2. The plaintiff's remaining appeal is dismissed.
Defendant C appealed against the above judgment.
C. On July 6, 2006, Supreme Court Decision 2006Da19221 decided that the appeal by Defendant C was dismissed.
[Ground for recognition] Defendant B: The written statement in each of subparagraphs 4 and 5 evidence Nos. 4 and 5 of the Civil Procedure Act, and the purport of all of the arguments as to whether confessions were made (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination:
A. As to the Plaintiff’s guaranteed claim against the Defendants, which is a claim based on the final and conclusive judgment, the ten-year statute of limitations has elapsed since the said judgment became final and conclusive, the Plaintiff as a result of the interruption of the statute of limitations.