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(영문) 서울중앙지방법원 2017.01.13 2016가단19785
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest thereon from June 17, 1996 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendants against this court as the court 2005da408181. On April 4, 2006, the above court rendered a favorable judgment against the plaintiff that "the defendants jointly and severally pay to the plaintiff 40,000,000 won and 25% interest per annum from June 17, 1996 to the date of full payment." The above judgment became final and conclusive on May 3, 2006.

B. The Plaintiff filed the instant lawsuit in order to extend the statute of limitations for the claim for the final judgment amount.

[Reasons for Recognition] Defendant B: The entry of No. 1 and the purport of the whole pleadings by Defendant C: Article 150(1) and (3) of the Civil Procedure Act

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 40,00,000 and damages for delay calculated at the rate of 25% per annum from June 17, 1996 to the date of full payment.

B. As to Defendant B’s assertion, Defendant B did not receive the original copy of the said judgment by public notice, and filed an appeal for subsequent completion on May 10, 2016, Defendant B’s assertion that the aforementioned judgment did not have an obligation to pay the Plaintiff the claim for the final judgment. However, according to the overall purport of the pleadings, Defendant B filed an appeal for subsequent completion as the court 2016Na29080 on November 11, 2016, but the said court rendered a ruling dismissing the appeal, and the said judgment can be recognized as having become final and conclusive at that time. Thus, Defendant B’s above assertion is without merit.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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