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(영문) 서울남부지방법원 2016.10.06 2016나3077
판결금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. On June 3, 1998, the plaintiff filed a lawsuit against B and the defendants on June 1, 1998 against the Seoul District Court 98Da34724, and on November 27, 1998, the above court rendered a ruling that "B and the defendants jointly and severally paid 50 million won to the plaintiff and 50 million won per annum from May 3, 1998 to November 27, 1998, and 25% per annum from the next day to the date of full payment (the reasons for the above ruling are that the plaintiff filed a lawsuit against B and the defendants on May 22, 1995 to the above 19.20 billion won for lease and 50 billion won for the above 90Ka F's lease deposit, which was concluded by the plaintiff on June 12, 1995, and that the above 500 Kaf's lease deposit was concluded to the plaintiff on June 1, 1995.

Therefore, according to the above final judgment, the Defendants jointly and severally with B are obligated to pay the Plaintiff 50 million won with 5% interest per annum from May 3, 1998 to November 27, 1998, and 25% interest per annum from the next day to the day of full payment.

2. Determination as to the Defendants’ assertion: The Defendants asserted that since they were in conflict with the res judicata of a final and conclusive judgment, they did not bear the obligation to return the lease deposit to the Plaintiff on the grounds that they did not enter into a lease agreement with the Plaintiff, but the final and conclusive judgment has res judicata effect. However, in exceptional circumstances such

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