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(영문) 서울서부지방법원 2017.11.29 2017가단3317
손해배상(기)
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1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C filed a lawsuit claiming a loan against the Plaintiff, and the first instance court (Seoul District Court Decision 96Gahap2551) rendered a judgment against C on June 20, 1997. On April 2, 1999, the appellate court (Seoul High Court 97Na31290) rendered a judgment in favor of the Plaintiff on April 2, 199 that “the Plaintiff shall pay C money at the rate of KRW 12 million and 25% per annum from July 25, 1996 to the date of full payment.” The above judgment (hereinafter “the first final judgment”) became final and conclusive on August 27, 1998.

[The plaintiff filed an appeal against the above appellate judgment, but the appellate court (Supreme Court Decision 99Da23918) dismissed the appeal on August 23, 1998)

B. In addition, C filed a lawsuit against the Plaintiff for the claim for the check payment, and the first instance court (Seoul High Court Decision 97Na31306) rendered a judgment against C on June 20, 1997, and the above appellate court (Seoul High Court 97Na31306) rendered a judgment against C on August 26, 199 that “the Plaintiff shall pay C 5 million won and 6% per annum from May 23, 1996 to August 26, 1999, and 25% per annum from the next day to the date of complete payment.” The above judgment (hereinafter referred to as “the final judgment”) became final and conclusive on August 26, 1999.

C. The Plaintiff appointed each of the Defendant as the legal representative in proceeding with each of the first and second instances of final judgment rendered in the first and second instances of the instant case.

D, an inheritor of C, who solely succeeded to claims based on the final and conclusive judgment of the instant case, filed a lawsuit seeking the return of loans against the Plaintiff for the extension of extinctive prescription. The first instance court rendered a judgment in favor of D on October 29, 2015 (Seoul Western District Court 2015Da325222), and the Plaintiff filed an appeal, but the appeal was dismissed from the second instance court (Seoul Western District Court 2016Na32791) on September 30, 2016, the said judgment of the first instance court became final and conclusive on October 19, 2016.

[Ground of recognition] A.

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