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(영문) 제주지방법원 2021.01.07 2020가단5708

보관금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,790,000 and the interest rate thereon from May 29, 2010 to the date of full payment.

Reasons

1. In the Jeju District Court 2009Ga 22951, which the Plaintiff filed against the Defendant, the Jeju District Court held that the Defendants jointly and severally paid to the Plaintiff 35,790,000 won and 20% interest per annum from May 29, 2010 to the day of complete payment. The Plaintiff filed the instant lawsuit on June 22, 2020 for the interruption of the statute of limitations for the claim recognized in the said judgment, by integrating the descriptions of evidence No. 1 and the entire arguments.

2. Determination

A. Since the instant lawsuit was filed prior to the lapse of 10 years from the date on which the judgment on the claim for official gold claim was final and conclusive in the Jeju District Court 2009Ga [22951], the statute of limitations for the extinction of the claim was interrupted.

B. As to the Defendant BD’s assertion, the Defendant BD did not know one another, or did not have any relation to or preparation of a certificate of custody in Jeju District Court 2009Ga group 22951 (Defendant B’s assertion) and denied the Plaintiff’s obligations against the Plaintiff.

However, these arguments are not accepted because they are contrary to res judicata recognized in the judgment of the Jeju District Court 2009Ga's 22951 in the judgment of the claim for government officials, which became final and conclusive.

3. According to the conclusion, the Defendants shall jointly and severally pay to the Plaintiff 35,790,000 won with 20% interest per annum from May 29, 2010 to the date of full payment.