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(영문) 서울남부지방법원 2018.08.14 2018가단590
양수금
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 74,00,000 and the interest rate from February 20, 1998 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the entire arguments as to evidence Gap's evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant and Eul as Seoul Southern District Court 2007Kadan95868, and the above court rendered a judgment on February 19, 2008 that "the defendant jointly and severally pays to the plaintiff the amount of KRW 74,00,000 and the amount of KRW 25% per annum from February 20, 1998 to the date of full payment." The above judgment is confirmed to have become final and conclusive on March 7, 2008 against the defendant, and the fact that the plaintiff filed the lawsuit of this case on January 10, 2018 for the extension of the prescription period of the claim established by the judgment is clear in the record.

According to the above facts, the lawsuit of this case is recognized as a re-litigation for the interruption of extinctive prescription, and the defendant is jointly and severally liable with C to pay the plaintiff KRW 74,00,000 and damages for delay calculated at the rate of 25% per annum from February 20, 1998 to the date of full payment. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.

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