beta
Text
1. Defendant B, C, D, E, and F shall be jointly and severally paid to the Plaintiff KRW 530,000,000 and shall be fully paid from January 1, 2001.
Reasons
1. Basic facts
A. On June 7, 199, the Plaintiff entered into a contract to lend KRW 530 million to the deceased I (hereinafter “the deceased”). Defendant B, C, D, E, and F respectively with respect to the deceased’s loan obligations.
B. On June 25, 2009, the Plaintiff filed a lawsuit against the Deceased and the Defendant B, C, D, E, and F, and received a judgment on June 25, 2009 (Seoul Central District Court Decision 2009Gahap4130, hereinafter “instant judgment”) that “The Plaintiff shall jointly and severally pay to the Plaintiff the amount of KRW 530,000,000 and KRW 250,000,000,000 from April 1, 200, and the amount of KRW 28,00,00,00 from January 1, 2001 to the date of full payment, to KRW 25% per annum.” The instant judgment became final and conclusive on July 21, 2009.
C. On October 17, 2017, the Deceased died. The deceased’s heir was J, Defendant G, C, and H, but J moved to the United States around July 23, 1999 and cancelled the resident registration on November 11, 1998.
[Ground of recognition] Defendant B, C, D, E, and F: Confession of confession (Article 208(3)2 of the Civil Act)
2. The summary of the Plaintiff’s assertion collected KRW 31,125,59 through compulsory execution based on the instant judgment around 2013, and the said amount was appropriated for part of the damages for delay calculated at the rate of 25% per annum from April 1, 2000 to December 31, 2000, as to KRW 250 million out of the amount of the instant judgment, and the remainder of the damages for delay during the said period shall be waived.
Therefore, Defendant B, C, D, E, and F are obligated to pay to the Plaintiff the instant judgment amounting to KRW 530 million and damages for delay calculated at the rate of 25% per annum from January 1, 2001 to the date of full payment. Defendant G and H, the inheritor of the Deceased, jointly with each of the aforementioned Defendants, for Defendant G, and Defendant H, the amounting to KRW 530 million, KRW 176,66,666, and Defendant H, jointly with each of the aforementioned Defendants.