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(영문) 대구지방법원 2020.08.25 2019나310977

약정금(소멸시효중단)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the revocation part shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On July 7, 1998, the Plaintiff filed a lawsuit against C, D, and the Defendant on July 7, 1998 seeking payment of the agreed amount of KRW 11 million with the Daegu District Court Kimcheon-ro 98Ga6169 (hereinafter “first case”).

(2) On November 6, 1998, the above court served a copy of the complaint, the notice of the date of pleading, etc. on the Defendant by public notice, and served on the Defendant by public notice. The above court rendered a judgment citing the Plaintiff’s claim on November 6, 1998. The original of the judgment

B. On October 23, 2008, the Plaintiff filed a lawsuit against C, D, and the Defendant on October 23, 2008 under the Daegu District Court Kimcheon-ro 9891 for the extension of extinctive prescription period pursuant to the judgment of the first preceding case (hereinafter “second preceding case”).

2) On March 6, 2009, the court rendered a judgment citing the Plaintiff’s claim on March 6, 2009.

3) On March 11, 2009, the original copy of the judgment was served on the Defendant by public notice. C) On February 25, 2019, the Plaintiff filed the instant lawsuit against C and the Defendant for the extension of the extinctive prescription period of the second time.

2) On May 28, 2019, the first instance court served a duplicate of the complaint, the date of pleading, etc. on the Defendant by public notice, and proceeded with pleadings. On May 28, 2019, the part regarding C among the instant lawsuit was dismissed, and sentenced to the judgment of the first instance court that cited the Plaintiff’s claim against the Defendant. 3) The original copy of the said judgment was served on the Defendant by public notice on May 30, 2019.

On June 4, 2019, the Defendant filed an appeal against the judgment of the first instance of this case.

In addition, on June 14, 2019, the defendant was the Daegu District Court 2019Na4135 against the judgment of the preceding case.