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1. The defendants are 320,000,000 won to each plaintiff and 5% per annum from October 24, 2006 to May 29, 2007.
Reasons
Facts of recognition
The plaintiff filed a lawsuit against the defendants (Seoul Central District Court 2007Gahap8391), and the above court rendered on October 12, 2007 the judgment that "the defendant shall pay to each plaintiff 320,000,000 won with 5% per annum from October 24, 2006 to May 29, 2007, and 20% per annum from the next day to the day of full payment (hereinafter "the judgment of the previous lawsuit"), and the above judgment became final and conclusive at that time.
On July 28, 2017, the Plaintiff applied for a payment order to this court for the extension of the extinctive prescription period of the judgment in the previous suit.
【Reasons for Recognition】
(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
B. Defendant C: (a) the absence of dispute; (b) the entry of the evidence No. 1; and (c) the determination as to the grounds for the overall purport of the pleading, the Defendants are obligated to pay the money pursuant to the judgment of the previous suit that became final and conclusive to the Plaintiff; and (c) the instant lawsuit was filed for the extension of the extinctive prescription of the claim based on the judgment of the previous suit
Therefore, the Defendants are obligated to pay to each Plaintiff 320,00,000 won with 5% per annum from October 24, 2006 to May 29, 2007; 20% per annum from the next day to September 30, 2015, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015); and 15% per annum from the next day to the day of full payment to the day of full payment.
(Plaintiff filed a claim for damages for delay at the rate of 20% per annum from October 1, 2015 to the date of full payment. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by 15% per annum from October 1, 2015, and thus, the damages for delay from October 1, 2015 is recognized as 15% per annum). Defendant C’s claim as to Defendant C’s assertion is a prior suit.