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Reasons
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(영문) 수원지방법원 2016.04.12 2014가단33341
대여금(시효연장)
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1. The Plaintiff:

A. Defendant C, F, and H are jointly and severally liable for KRW 16,893,287 and the amount from May 1, 1994 to March 19, 2004.

Reasons

1. Basic facts

A. The Plaintiff brought an action against G, I, J, and Defendant B, C, E, and F for the payment of the subrogated amount under the Seoul East Eastern District Court 2003Kadan40751. The above court on June 18, 2004:

(a) G, Defendant C, and F jointly and severally agreed 16,893,287 won and 5% per annum from May 1, 1994 to March 19, 2004 and 20% per annum from the following day to the date of full payment;

(b) I, Defendant B, and F jointly and severally agreed 21,509,715 won and 5% per annum from May 1, 1994 to October 16, 2003 and 20% per annum from the following day to the date of full payment;

(c) the 17,005,514 Won jointly and severally, and the 5% interest per annum from May 1, 1994 to March 19, 2004 and 20% interest per annum from the following day to the date of full payment;

(d) 21,509,715 won jointly and severally, and 5% per annum from May 1, 1994 to February 19, 2004 and 20% per annum from the following day to the date of full payment;

E. Defendant F shall pay the amount of KRW 1,688,512 as well as 5% interest per annum from May 1, 1994 to October 16, 2003, and 20% interest per annum from the following day to the date of full payment.

The judgment of this case (hereinafter "the judgment of this case") was pronounced, and the above judgment became final and conclusive on September 7, 2004.

B. Around May 2, 2013, the I succeeded to the property of Defendant D, C, L, and M, who is the wife. On August 8, 2013, Defendant D accepted the property of the deceased, and K, L, and M renounced inheritance.

(Yisan District Court Decision 2013 Madan1003).

G A deceased on August 13, 2015 and succeeded to the property of Defendant H and N, a child, by inheritance. On December 10, 2015, Defendant H accepted the net G’s property (Seoul Family Court Decision 2015 Mo10278), and N renounced inheritance.

Seoul Family Court (the Seoul Family Court 2015 Madan10279): The grounds for recognition: Gap and the purport of the pleading.

2. On the other hand, the instant judgment became final and conclusive and conclusive, but exceptional cases exist where the interruption of extinctive prescription is exceptional.

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