beta
Text
1. The Defendants jointly and severally pay to the Plaintiff KRW 147,859,419, and KRW 49,980,263, respectively, from June 11, 2018.
Reasons
According to the purport of Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendants for the return of agreed amount under the Seoul Central District Court 2008Kadan69532, and the above court rendered a judgment on July 3, 2008 that "the defendant jointly and severally pays to the plaintiff 50 million won and interest calculated at the rate of 50% per annum from May 1, 2007 to June 10, 2008, and 20% per annum from the next day to the day of full payment." The above judgment becomes final and conclusive, and exceptionally, the lawsuit for the interruption of extinctive prescription is legitimate.
However, the Plaintiff is a person who received reimbursement of KRW 4,882,750 out of the judgment amount around August 25, 2008. Thus, if it is appropriated in the order of interest and principal, it shall be appropriated in the order of interest and principal, the amount of KRW 4,863,013 [Article 4,863,00 [Article 50,00,000 x [Article 0.05 x 0.05 x 41/365)] and the principal amount [Article 76/365] and KRW 19,737 [Article 49,980,263 [Article 50,00,000-19,737] up to the date of repayment.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff the balance of principal 49,980,263 won and damages for delay calculated at the rate of 20% per annum from August 26, 2008 to the date of full payment.
However, in the purport of the instant claim, the Plaintiff claimed “the principal and interest of KRW 150,280,821 up to June 10, 2018 and KRW 50,000,00 of the principal and interest of KRW 150,280,821 as well as KRW 50,00,00 per annum from June 11, 2018 to the date of full payment.” According to the purport, the Plaintiff’s interest calculated at the rate of KRW 20 per annum from August 26, 2008 to June 10, 2018, based on KRW 49,980,263, the principal and interest of KRW 20 per annum from August 26, 2008 to KRW 147,859,419, and KRW 49,980,263 as to the Plaintiff’s principal and interest of KRW 50,00 per annum from June 11, 2018.