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(영문) 대구지방법원 2016.06.16 2016나408

대여금

Text

1. The defendant's appeal is dismissed.

2. Of the litigation for retrial of this case, the Defendant (Plaintiffs) in the trial room.

Reasons

1. Determination of the original judgment

A. On May 3, 2005, A filed an application with the Defendant and the Defendant’s husband C for conciliation by a notary public against the Defendant and the Defendant’s husband C on the basis of the No. 2005 money1099, the notarial deed No. 11112, 1995 (hereinafter “No. notarial deed of this case”).

As of June 22, 2005, this Court rendered a decision in lieu of conciliation "the defendant and C shall jointly and severally pay A 50 million won and damages for delay from May 27, 1995." The above decision was served on the defendant and C.

B. C did not raise an objection in lieu of the above conciliation and the above decision became final and conclusive, but the defendant raised an objection in lieu of the above conciliation, and the above conciliation case was implemented as the litigation procedure of the loan case at this court No. 2005Da77074.

(hereinafter referred to as "case subject to review"). (c)

In the trial procedure of the case subject to review, C was present as the defendant's attorney.

On December 21, 2005, the court rendered a favorable judgment in whole A (hereinafter referred to as "the judgment on review"; hereinafter referred to as "the claim in this case") with the purport that "the defendant shall pay to A the amount of KRW 42 million and the amount calculated at the rate of 25% per annum from May 27, 1995 to May 12, 2005, and 20% per annum from May 13, 2005 to the date of full payment," and the above judgment became final and conclusive around that time.

On the other hand, A died on January 21, 2014, and jointly succeeded to the property of the deceased, F, G, and H, the wife of the Plaintiff, F, G, and H, but the said F, G, and H renounced the inheritance share of the instant claim.

E. In order to interrupt the interruption of extinctive prescription against the judgment subject to a retrial, the Plaintiff filed an application for a payment order against the Defendant for the payment of the instant claim with this Court No. 2015 tea104, and the said court ordered the payment order of the instant claim on February 23, 2015.