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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B shall pay to the Plaintiff KRW 100,000,000 as well as to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a creditor of KRW 100,000,000 for lease deposit with respect to the five-storys of the building “E” of the building in Nam-gu Incheon, Nam-gu, Incheon, and the Defendants are obligated to return the lease deposit to the Plaintiff under the above lease agreement.
B. On January 21, 2009, the Plaintiff filed a lawsuit claiming the return of lease deposit against the Defendants by Seoul Southern District Court Decision 2008Kadan96639, the Plaintiff was sentenced to the judgment that “the Defendants jointly and severally pay to the Plaintiff the amount of KRW 100,000,000 and 20% per annum from December 28, 2008 to the date of full payment.” The above judgment became final and conclusive on February 2009.
(hereinafter “final judgment of this case”). C.
On January 16, 2018, the Plaintiff filed the instant lawsuit against the Defendants for the extension of the statute of limitations against the instant final judgment.
【Defendant B: Judgment by service (Article 208(3)3 of the Civil Procedure Act) by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: The absence of dispute, entry of evidence No. 1 (including additional number), the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. The Plaintiff to indicate the claim has a claim against Defendant B based on the final judgment of this case, and the Plaintiff filed the instant lawsuit for the extension of extinctive prescription within 10 years from the date of the final judgment of this case, and thus, Defendant B is obligated to pay the final judgment of this case to the Plaintiff.
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
3. Determination as to the Plaintiff’s claim against Defendant C
A. According to the facts of recognition under paragraph (1) of the judgment on the cause of the claim, unless there are special circumstances, Defendant C is jointly and severally liable with Defendant B to pay the judgment amount based on the final judgment of this case to the Plaintiff.
B. Determination 1 on Defendant C’s grounds for exemption from liability) The summary of the argument is that only Defendant C (hereinafter “Defendant”) is “Defendant” within the following paragraphs, at the ratio of shares of Defendant B and 1/2.