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(영문) 전주지방법원군산지원 2016.09.23 2016가단2883
임대차보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and each year from March 18, 2006 to September 30, 2015.

Reasons

1. According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff filed a lawsuit against the defendants as Seoul Central District Court Decision 2006Da66546, May 16, 2006 against the plaintiff, and the above court rendered a judgment ordering that "the defendants jointly and severally pay to the plaintiff 30 million won and interest rate of 20% per annum from March 18, 2006 to the date of full payment" (hereinafter referred to as "prior judgment"), and the plaintiff filed the lawsuit of this case for the interruption of extinctive prescription. Thus, the defendants are obligated to pay 30 million won and interest rate of 20% per annum from March 18, 2006 to September 30, 2015 to the date of full payment.

2. As to this, Defendant C asserts that there is no reason for the principal to bear obligations. However, as long as the existence of the Defendant’s obligation in the prior judgment is recognized in the prior judgment, Defendant C’s assertion cannot be determined contrary to the contents of the prior judgment in accordance with res judicata, unless the content of the prior judgment is modified by filing a petition for final appeal or retrial (it is not necessarily possible to file a subsequent appeal or retrial against a prior judgment). Therefore, Defendant C’s above assertion cannot be accepted.

3. Therefore, the plaintiff's claim against the defendants is accepted on the grounds of all of the grounds, and it is so decided as per Disposition.

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