대여금
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B’s joint and several liability amounting to KRW 22,500,000 with Defendant C.
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 4, 5, and 6 (including branch numbers) of the judgment on the lawsuit against Defendant C, the contents of the claim for payment in this case are determined without any objection, stating the claim for payment in the creditors list of the Suwon District Court 2012, 24072, which was applied by Defendant C, in the creditors list of individual rehabilitation procedures. Accordingly, the content of the claim was prepared by the individual rehabilitation creditors list, and the repayment plan of Defendant C was authorized in the above individual rehabilitation procedures on June 25, 2013, and the facts confirmed around that time
As long as a claim to be paid by the Plaintiff in this case is confirmed in the individual rehabilitation procedure without objection and entered in the list of individual rehabilitation creditors, this becomes effective as a final and conclusive judgment, the benefit of the Plaintiff’s lawsuit is not recognized
Therefore, this part of the lawsuit is unlawful.
2. In full view of the purport of the argument in Gap evidence No. 1 as to the claim against defendant B, the court rendered a judgment on July 12, 2005 that "2,50,000 won jointly and severally among the defendants, and 5% per annum from October 20, 1996 to May 18, 2005, and 20% per annum from the next day to the full payment date," and the above judgment was confirmed that the plaintiff filed the lawsuit of this case on March 27, 2015 for the interruption of prescription of the above judgment claim, and the defendant B and the plaintiff are jointly and severally obligated to pay 22,50,000 won to the plaintiff and 250% per annum from the next day to the next day to the next day to the day of the full payment of 20% interest per annum from October 25, 2015.
Although Defendant B asserted that the above claim had expired, the extinctive prescription of the claim established by the judgment should expire ten years from the time the judgment became final and conclusive.