손해배상
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff filed a lawsuit against Defendant B and C seeking payment of KRW 150 million and damages for delay from March 3, 2009, with the Changwon District Court Decision 2015Da6459 (hereinafter “instant loan first lawsuit”) on the summary of the relevant lawsuit against Defendant B and C, and the said court rendered a judgment on August 13, 2015, that “The said court shall pay interest of KRW 150 million and the amount calculated at the rate of KRW 20% per annum from July 20, 2009 to the date of full payment.”
On September 7, 2015, the Plaintiff filed the instant lawsuit. Defendant B and C appealed against the first instance judgment of the said Changwon District Court, but Busan High Court rendered a judgment dismissing the appeal by the said Defendants on March 24, 2016, and the said judgment became final and conclusive around that time.
On August 10, 2005, the Plaintiff filed an application with the Defendant for a payment order seeking payment of KRW 83,660,570, total amount of loans of KRW 30,000 on December 5, 2003, and KRW 83,660,570 on May 20, 2004, as loans of KRW 2005Da1644, Jingu District Court 2003, Jul. 28, 2003, and KRW 50 on December 5, 2003. The above payment order was settled on September 30, 2005.
On the other hand, around 2015, the Plaintiff applied for a payment order again to the Changwon District Court 2015j13 for the extension of the extinctive prescription of the payment order which was processed as above. However, Defendant D raised an objection thereto.
Accordingly, on September 25, 2015, the said court rendered a ruling dismissing the said lawsuit on September 25, 2015, on the ground that the service of the initial payment order was not confirmed unlawfully, in the Changwon District Court 2015No. 6954 (hereinafter “the instant second loan lawsuit”), and the said ruling was finalized around that time.
Accordingly, the plaintiff again filed a lawsuit against the payment order case at the Jinwon District Court 2005Da1644, Jingu District Court 2005Da1644, and accordingly, the plaintiff is the defendant D.