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(영문) 부산지방법원 2019.05.10 2018나6300

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff filed a loan claim against the defendant and the co-defendant C of the first instance court as Busan District Court Decision 2007Gaga29284, and was sentenced on May 20, 2008 by the above court that "the defendant jointly and severally paid to the plaintiff 13,00,000 won and interest rate of 20% per annum from August 7, 2007 to the day of full payment." The above judgment became final and conclusive on June 28, 2008.

(hereinafter “Prior Judgment,” and the above claim is referred to as “instant claim”). B.

On June 11, 2018, the Plaintiff filed the instant lawsuit in order to extend the extinctive prescription of the foregoing judgment bond.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 13,00,000,000 and damages for delay calculated at the rate of 20% per annum from August 7, 2007 to the date of full payment.

B. The defendant's assertion and judgment 1 that the defendant is not responsible for the claim of this case. The defendant asserts that since he only worked as the place of business of the investment company D for five months from January 1, 199 to June, 199, the investment company is not responsible for returning the investment amount to the plaintiff.

When a judgment on the existence of a right or legal relation becomes final and conclusive, the same right or legal relation cannot be asserted as against the purport of a final and conclusive judgment on the ground of the reasons before the closing of pleadings, and the court also has res judicata effect that it is impossible to make a judgment contrary to the purport of a final and conclusive judgment in a separate lawsuit between the parties. As seen earlier, as long as the existence of the obligation to pay the defendant the claim for the judgment in this case has become final and conclusive by the prior judgment, the above prior judgment ordering the payment.