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1. The Defendants jointly and severally pay KRW 100 million to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a loan lawsuit against Defendant A Co., Ltd. and Defendant B, a guarantor, with Busan District Court Decision 95Ra21729 (96 money28). The above court held on December 6, 1996 that “(i) Defendant A Co., Ltd. and Defendant B shall jointly and severally pay to the Plaintiff KRW 371,153,066 and KRW 66,48,891 per annum from November 27, 1996 to the day of full payment, KRW 19% per annum from April 1, 1995 to the day of full payment, and KRW 19.5% per annum from April 1, 1995 to the day of full payment. ② Defendant A Co., Ltd and the Plaintiff jointly and severally paid KRW 170,181,511 of the amount stated in the above paragraph (1) to the Plaintiff, and ③ Defendant C Co., Ltd. 15 and the Plaintiff jointly and severally paid the amount to the Plaintiff.
B. After the decision of compulsory adjustment, the principal was fully repaid, and the remaining interest 337,637,38 won remains as of September 199.
C. For the interruption of extinctive prescription, the Plaintiff filed a loan lawsuit with Busan District Court 2006Kadan174391, and claimed only KRW 100 million out of the remaining interest, and on June 26, 2007, the above court rendered a judgment that “the Defendant jointly and severally pays KRW 100 million to the Plaintiff,” which became final and conclusive on July 19, 2007.
[Reasons for Recognition] Uncontentious Facts, Gap 1 through 9 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay KRW 100 million to the Plaintiff who filed a lawsuit for the interruption of extinctive prescription.
Defendant B asserted that the former lawsuit was filed after the lapse of ten years from July 1993 when Defendant A Company had defaulted. However, as seen above, the former lawsuit (Jansan District Court 2006Gadan174391) was filed on January 7, 1997 at the first lawsuit (Jan District Court 95Da21729 (96 money28).