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(영문) 서울중앙지방법원 2018.11.29 2018가단37664
구상금 청구의 소
Text

1. The Defendants jointly share KRW 123,260,516 with respect to the Plaintiff and 5% per annum from April 26, 2006 to August 13, 2008.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Grounds for recognition;

(a) Defendant C: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant D: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

C. Defendant E: the description of the evidence and the purport of the entire pleadings as to Defendant E [the above Defendant is dissatisfied with the purport that the cause of the instant claim cannot be acknowledged, but in the case of a lawsuit brought for the interruption of extinctive prescription in the event ten-year extinctive prescription of a claim based on a final and conclusive judgment is imminent, the judgment of the subsequent lawsuit shall not conflict with the final and conclusive judgment in favor of the previous lawsuit. As such, the court in the subsequent suit cannot re-examine whether all the requirements to assert the established right have been satisfied (see Supreme Court en banc Decision 2018Da2208, Jul. 19, 2018). The above Defendant’s argument cannot be accepted]

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