beta
Text
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. The defendant filed a lawsuit against the plaintiffs and Eul with the Busan District Court's Dong Branch 2008Ga 37317, Feb. 5, 2009 against the plaintiffs and Eul, and the above court rendered a judgment that "the plaintiffs jointly and severally pay to the defendant the amount of 22,00,000 won and 48% interest per annum from November 22, 2008 to the date of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive on March 6, 2009.
B. The Defendant filed a lawsuit for a claim for loans, etc. with the Busan District Court 2018 Gaum 60000 for the extension of the statute of limitations for the above loan credit (hereinafter “the instant credit”). On January 7, 2019, the said court ordered the Defendant to dismiss the complaint.
After receiving the above order on January 10, 2009, the Defendant withdrawn the above lawsuit on January 17, 2019, and filed a new lawsuit on April 3, 2019, Busan District Court Decision 2019DaGa37683, Apr. 3, 2019.
(c)
Meanwhile, Plaintiff A filed an application for immunity in Busan District Court case No. 2010 Busan District Court Decision 23785 and was granted immunity on October 26, 2015 (hereinafter “instant immunity”). The decision to grant immunity became final and conclusive on November 10, 2015, and the claim in this case was not entered in the list of creditors.
[Ground for recognition] Unsatisfy, Eul's evidence 3-1 and 2-2, the purport of the whole pleadings
2. The plaintiffs asserted that the claim based on the judgment of this case was extinguished by prescription, and that the compulsory execution based on the judgment of this case was unfair since the plaintiff Gap's claim was exempted from immunity of this case.
In addition, the defendant asserts that it is unfair to bring a false lawsuit and claim the interest rate in violation of the Interest Limitation Act.
3. Determination
A. As seen earlier, in order to prevent the completion of the statute of limitations on December 4, 2018, which was before the completion of the statute of limitations on the completion of the claim of this case, the Defendant issued the Busan District Court 2018 Family Court No. 6000 against the Defendant.