(영문) 광주지방법원 2015.04.10 2014나11761

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(영문) 광주지방법원 2015.04.10 2014나11761

임대차보증금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 27, 1997, the Plaintiff leased the building site and ground building (hereinafter “instant real estate”) from Codefendant B of the first instance trial, and paid KRW 45,00,000 as the lease deposit to B. The Defendant jointly and severally guaranteed the Plaintiff’s obligation to return the lease deposit on June 2, 2003.

B. On September 3, 2003, the Plaintiff filed a lawsuit against the Defendant and B seeking the return of the above lease deposit (hereinafter “former lawsuit”). On November 20, 2003, the court rendered a judgment against the above court that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 45 million and the amount of KRW 20% per annum from November 13, 2003 to the date of full payment,” and the above judgment was finalized on December 17, 2003.

[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. The assertion and judgment

A. Where a party who has received a final and conclusive judgment in favor of the judgment on the cause of the claim files a lawsuit again against the other party to the previous lawsuit against the same claim, the subsequent lawsuit shall be deemed unlawful as there is no benefit in the protection of rights. However, where it is obvious that the ten-year lapse period of extinctive prescription of the claim based on a final and conclusive judgment has expired, there is benefit in the lawsuit

(2) According to the records of this case, the Plaintiff filed the instant lawsuit on September 30, 2013 when nine years and nine months have passed since the judgment on the previous lawsuit became final and conclusive, and thus, there is a benefit in the instant lawsuit. The Defendant is obliged to pay the Plaintiff the above lease deposit amount of KRW 45,00,000,000, and the said amount of interest at the rate of 20% per annum as determined by the above judgment from November 13, 2003 to the date of full payment.

B. The defendant's assertion is based on the lease deposit against the plaintiff B, a lessor of the real estate of this case.

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