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(영문) 대구지방법원영덕지원 2015.06.09 2015가단231
손해배상(기)
Text

1. Defendant D shall pay to the Plaintiff KRW 175,018,826 and KRW 45,748,678 among them, from December 28, 2004 to the date of full payment.

Reasons

1. The plaintiff and Eul filed a lawsuit against the defendant Eul and Eul for compensation for damages against the defendant Eul and Eul, and the purport of the entire arguments as to the above facts is added. On July 3, 2003, "the defendant Eul and Eul jointly and severally, to the plaintiff Eul and Eul, and 45,748,678 won among them, 50% per annum from January 2, 1992 to September 30, 1992, 5,017, 597 won per annum, and 25% per annum from May 6, 1993, and 25% per annum from Daegu District Court Support (205% per annum from May 2, 1992 to May 6, 1993, and 25% per annum from Daegu District Court Decision 205% per annum, and the plaintiff was paid money from the plaintiff Eul Daegu District Court's auction 40% per annum 25% per annum from each of them."

The Plaintiff filed the instant lawsuit to extend the statute of limitations against Defendant B and C according to the instant judgment.

However, the plaintiff filed the lawsuit of this case on February 6, 2015 after ten years have passed since the dividend was terminated in the above compulsory auction procedure. The claim under the judgment of this case also expired by prescription.

(see, e.g., Supreme Court Decision 2013Da18622, 18639, Nov. 14, 2013). Therefore, the Plaintiff’s claim against Defendant B and C is without merit.

2. Claim against Defendant D

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

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