(영문) 서울중앙지방법원 2018.02.13 2017가합37329

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(영문) 서울중앙지방법원 2018.02.13 2017가합37329

대여금

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1. The defendant's KRW 96,661,00 for the plaintiff and 5% per annum from November 22, 2006 to February 20, 2007.

Reasons

1. Facts of recognition;

A. On September 15, 2005, the Plaintiff loaned 200,000,000 won to the Plaintiff in the form of investment with a maturity of November 21, 2006, the Plaintiff agreed to pay to the Plaintiff 10,000,000 won per month as shares of the above loan (5,000,000 won from February 2, 2006 to April 2006) and 500 won per year as to the sales volume exceeding basic quantity (20,000). The Plaintiff agreed to pay to the Plaintiff 10,000 won per annum, B, C, September 15, 2005, and D, December 15, 2005, as joint and several surety by the Defendant.

B. The plaintiff delivered KRW 200,000 to the defendant pursuant to the above agreement, but the defendant paid only KRW 98,00,000 out of the investment shares of KRW 144,661,00 calculated according to the sales until September 2006, and on the other hand, the amount of accrued investment shares up to November 21, 2006, which is the repayment period of the principal of the investment, shall be KRW 66,61,00 [the total amount of KRW 46,661,00 ( KRW 14,661,00 - KRW 98,000)].

C. On February 5, 2007, the Plaintiff filed a lawsuit against the Defendant and B, C, and D with Seoul Central District Court 2007Gahap9633, seeking the payment of the investment principal and the accrued investment shares, etc. on September 11, 2007, the above court rendered a ruling that “the Defendant, B, and D shall jointly and severally pay to the Plaintiff 266,61,000 won and the amount calculated at the rate of 5% per annum from November 22, 2006 to February 20, 207, and the amount of money calculated at the rate of 20% per annum from the next day to the date of full payment (hereinafter “prior ruling”). The above ruling became final and conclusive on October 30, 207.

In around 2014, the Plaintiff received KRW 170,000,000 from D and appropriated it to the principal of the judgment bond.

E. On November 15, 2017, the Plaintiff filed the instant lawsuit for the extension of the prescription period for the claim for the foregoing judgment amount.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lawsuit is subject to the prior judgment of this case.

유사 판례

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-대구지방법원 2017.02.28 2016가단40580

-서울중앙지방법원 2017.04.13 2016가합558669