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1. The part of the judgment of the court of first instance as to Defendant B, 5,470,000 and damages for delay, shall be revoked.
2...
Reasons
1. Basic facts
A. On June 28, 1990, the Plaintiff agreed to pay the principal and interest of KRW 10,000,000 to Defendant B for a total of KRW 130,000 each day from that day to October 8 of the same year.
(hereinafter “instant loan”). (b)
The Plaintiff filed a lawsuit seeking payment of KRW 5,470,00 among the instant loans against the Defendant B as Ulsan District Court 93da12755, and damages for delay thereof. On August 11, 1993, the said court rendered a favorable judgment of the Plaintiff on August 11, 1993 (hereinafter “the first judgment”), and the said judgment is for the same year.
9.9. Finality was made.
C. The Plaintiff filed a lawsuit with Ulsan District Court 2006Gada130503 against Defendant B seeking payment of the remainder of the loans except for the amount of KRW 5,470,000 as determined by the above winning judgment and the amount of money paid to the person who was repaid, among the loans in this case. The above court rendered a judgment dismissing the Plaintiff’s claim on June 5, 2007.
Therefore, the Plaintiff appealed as the Ulsan District Court 2007Na2633, but the appellate court rendered a judgment dismissing an appeal on the ground that the extinctive prescription of the instant loan claims has expired on May 29, 2008 (hereinafter “the second judgment”). The Plaintiff appealed as Supreme Court Decision 2008Da42676 regarding the above judgment, but the judgment dismissing the appeal was rendered on September 11, 2008, and the above judgment became final and conclusive.
[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings
2. Around 1990, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 10,00,000 to Defendant B, and Defendant C jointly and severally guaranteed the above loan obligation against Defendant B. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the total sum of KRW 85,002,00,000 and delay damages for KRW 10,582,00,00.
3. Determination
A. Determination 15,470,00 won as to the claim against Defendant B and the judgment in favor of which the claim for damages for delay is finalized, shall have res judicata effect.