1. The Defendants jointly share KRW 249,416,70 for the Plaintiff and Defendant B Co., Ltd. from November 2, 2006.

Facts of recognition

A. The Plaintiff purchased gift certificates from Defendant B Co., Ltd. (hereinafter “Defendant Company”), and paid the purchase price of KRW 249,416,700 to the Defendant Company. On September 4, 2006, the Plaintiff agreed to return the said gift certificates to the Defendant Company and to receive KRW 249,416,700 from the said Defendants.

B. The Plaintiff filed a claim against the Defendant Company and the Defendant C for the payment of the agreed amount of KRW 249,416,700 as Seoul Southern District Court Decision 2006Gahap1760, and damages for delay thereof. The above court rendered a judgment on January 11, 2007 that “The Defendant shall pay to each of the Plaintiff 249,416,700 won, and the Defendant Company shall pay 20% interest per annum from November 2, 2006 to the day of full payment, and from November 1, 2006 to the day of full payment.”

C. The above judgment was finalized on February 3, 2007 with respect to the defendant company, and on February 22, 2007 with respect to the defendant C, respectively.

(hereinafter referred to as “pre-trial judgment”) d.

The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the claim established by the judgment of the previous suit.

According to the above fact-finding on the cause of the claim under Article 208(3)3 (the judgment by public notice) of the Civil Procedure Act, the Defendants are entitled to pay the amount pursuant to the judgment of the previous suit finalized to the Plaintiff. Since the instant lawsuit was filed for the extension of the extinctive prescription of the claim based on the judgment of the previous suit, there is a benefit of lawsuit as a re-instigation for the interruption of prescription.

Therefore, the Defendants jointly have the obligation to pay to the Plaintiff 249,416,700 won, and the Defendant Company from November 2, 2006, and Defendant C shall pay damages for delay at the rate of 20% per annum from November 1, 2006 to the date of full payment.

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all participating Justices.