약정금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and 36% per annum from July 30, 1998 to June 29, 2007.
1. The plaintiff filed a lawsuit against the defendants on July 29, 2008 as Seoul Eastern District Court 2008Gahap1157, 2008Gahap157, 15733 (Joinder), and on December 5, 2008 from the above court, "the defendants jointly and severally do so to the plaintiff, and 36% per annum from July 30, 1998 to June 29, 207, and 30% per annum from the next day to the day of complete payment" (hereinafter referred to as "final judgment"), and the above judgment is delivered with a favorable judgment against the plaintiff B, and as to the defendant D, it cannot be viewed that the plaintiff and the plaintiff did not submit a written reply against the above facts, and as to the defendant D, they did not have any legitimate assertion among the plaintiff and the above facts as to the remaining date of pleading, and they did not have any legitimate arguments among the plaintiff and the above facts as to the defendant C's reply.
2. Judgment on the parties' arguments
A. According to the above facts of recognition as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff 40 million won with 36% per annum from July 30, 1998 to June 29, 2007, and 30% per annum from the next day to the day of full payment.
Inasmuch as the fact that the Plaintiff filed the instant lawsuit on December 22, 2018, when the ten-year extinctive prescription period, which is the period of extinctive prescription of the judgment-based claim, is apparent in the record, the benefit of the instant lawsuit may be recognized as a re-instigation of suit for the interruption of extinctive prescription.
B. As to the Defendant’s assertion, the above Defendant guaranteed B’s debt without knowing the Plaintiff, and the transaction cannot be known and recognized, and the Seoul Eastern District Court 2008Gahap1577, 2008Gahap15733 (Joint) decided as to the above-mentioned Seoul Eastern District Court.