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Reasons
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(영문) 창원지방법원 거창지원 2017.02.07 2016가단2067
대여금 등
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1. The Defendants jointly and severally against the Plaintiff KRW 54,076,229 and KRW 13,00,000 among them, and Defendant B on December 16, 2016.

Reasons

1. Indication of claim;

A. On July 20, 2006, the Plaintiff filed a lawsuit against the Defendants, D, and E seeking the payment of loans under the Seoul District Court Jinwon Branch Decision 2006Gaso24735, and the said court rendered a judgment on December 11, 2016 that “the Defendants, D, and E shall jointly and severally pay to the Plaintiff the amount of KRW 13,00,000 and the amount of money calculated at the rate of 25% per annum from April 8, 1998 to the date of full payment,” and the said judgment became final and conclusive around that time.

B. The Plaintiff received a collection order for the Defendant C’s wage claim, and received dividends of KRW 1,358,854 on May 28, 199, KRW 112,92 on December 22, 199, KRW 902 on May 20, 200, KRW 958,716 on May 20, 200, and KRW 902,452 on May 8, 2001.

(A) The Plaintiff is a person who paid the loan or incurred damages for delay prior to the closing of the proceedings in the above case.

The Plaintiff received reimbursement of KRW 15,00,000 from D and E from February 12, 2013 to December 6, 2013.

The Plaintiff’s total repayment amount of KRW 19,332,924 (i.e., KRW 1,358,854) (i.e., KRW 1,12,902 KRW 958,716 KRW 902,452 KRW 15,00,000) is appropriated for total damages for delay incurred from April 8, 1998 to November 8, 2016 (i.e., KRW 60,409,153 [= KRW 13,00,000 x 0.25 x (18215/366)]. As such, the repayment amount of KRW 1,112,90 KRW 92,452 KRW 15,00 per loan shall be calculated as of the date of respective repayment, and the remainder amount of KRW 13,000,000 per loan shall be calculated as above]. (i.e., the Plaintiff’s repayment amount of KRW 130936,2030.

E. Therefore, the Defendants jointly and severally filed the instant lawsuit for the interruption of extinctive prescription (i.e., KRW 54,076,229 in total) (i.e., KRW 13,000,000 in total and KRW 41,076,229 in total) and the principal of the borrowed amount (i.e., KRW 13,00,000 in total), and Defendant B from December 16, 2016, the delivery date of the instant complaint against the Plaintiff, and Defendant C in this case.

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