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(영문) 수원지방법원성남지원 2019.11.29 2019가단7593
공사대금(시효연장)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 79,565,642 and as a result, from December 31, 2007 to April 30, 2010.

Reasons

1. In full view of the purport of Gap evidence No. 1 and the whole pleadings as to the cause of the claim, the plaintiff can be found to have received a judgment from the above court on April 30, 2010 that "the defendant C who did not receive a copy of the complaint and submit a written answer against the defendants as the succeeding intervenor of the above company, shall pay to the plaintiff 79,565,642 won jointly and severally, and 5% per annum from December 31, 2007 to April 30, 2010, and 20% per annum from the next day to the day of complete payment."

Meanwhile, considering that the above judgment became final and conclusive on May 25, 2010, the interest of the lawsuit in this case brought on May 1, 2019 for the extension of prescription is also recognized.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 79,565,642 won and the amount calculated by applying 5% per annum from December 31, 2007 to April 30, 2010, and 20% per annum from the next day to the date of full payment.

2. Defendant B’s assertion is alleged to the effect that only the name was lent to Defendant C. However, the above ground alleged by the above Defendant was generated before the closing of argument in the final and conclusive judgment, and is thus interrupted by the res judicata effect of the above judgment.

Therefore, the above defendant's above assertion cannot be accepted.

3. Conclusion, the claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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