손해배상(기)
1. All appeals filed by the Defendant (Appointeds) and the designated parties are dismissed;
2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.
1. The reasons for the judgment of the court concerning this part of the facts of recognition are as follows: (a) the Defendant B’s “Defendant B” under the second sentence of the judgment of the court of first instance as “Co-Defendant B of the court of first instance”; and (b) the Defendant’s “Defendant” under the first sentence (hereinafter collectively referred to as the “Defendant E”) as “Defendant E and the Selection Party F, G, and H”) are identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable with Co-Defendant B, C, and D of the first instance trial to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2017 to the date of full payment, with respect to KRW 136,619,316 (total damages for delay of principal KRW 38,374,736) and KRW 38,374,736, which is the principal, to the Plaintiff.
3. The defendants' assertion and judgment
A. The summary of the Defendants’ assertion was transferred to N around November 7, 201 to N in accordance with the instant final judgment. Accordingly, the Plaintiff, who succeeded to his/her property upon the death of I on May 11, 2015, cannot exercise the said claim against the Defendants.
In addition, N’s acquisition of a claim based on the final judgment of this case did not have filed a lawsuit against the Defendants or exercised a claim for more than 10 years since the judgment of this case became final and conclusive, and thus, the claim based on the final and conclusive judgment of this case expired ten years after the lapse
나. 판단 (1) 채권양도 주장 부분 살피건대, 앞선 증거들 및 갑 제5 내지 9호증, 을 제1 내지 5호증(각 가지번호 포함)의 각 기재에 변론 전체의 취지를 종합하여 보면, I이 2011. 11. 7.경 처남댁(妻男宅)인 N에게 이 사건 확정판결에 기한 채권을 양도한 사실, 그 후 I이 2015. 4. 23. 및...