(영문) 의정부지방법원고양지원 2019.02.01 2018가합312

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(영문) 의정부지방법원고양지원 2019.02.01 2018가합312

차용금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 205,000,000 and the interest rate thereon from February 6, 2008 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendants with the Seoul Central District Court No. 2007Gahap96015 as follows.

(1) From April 2, 2002, Defendant B borrowed KRW 230 million from the Plaintiff and did not repay it. On April 2, 2004, Defendant C and D repaid the Plaintiff KRW 25 million out of the above borrowed amount.

(2) At the time, Defendant C and D drafted to the Plaintiff a letter stating that “The remainder of the loans shall be repaid jointly with Defendant B, and KRW 25 million shall be paid in installments from April 5, 2004 to the last day of each month, and if two or more times of arrears are overdue, they shall be held liable for civil and criminal liability.”

(3) Since then, the Defendants did not pay the remainder of the loan amount of KRW 25 billion up to now.

B. On April 18, 2008, the above court sentenced the plaintiff's winning judgment that "the defendant jointly and severally pays to the plaintiff 205,000,000 won and interest rate of 20% per annum from February 6, 2008 to the date of full payment" (hereinafter "previous judgment") to Defendant B and D, and to Defendant C by public notice.

C. The previous judgment was finalized on May 14, 2008 with respect to Defendant B and D, and on May 10, 2008 with respect to Defendant C.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The assertion and judgment

A. Since the Plaintiff filed the instant lawsuit for the purpose of extending the prescription period for the claim established by the judgment, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 205,00,000 and damages for delay calculated at the rate of 15% per annum (20% per annum in the complaint and reduced to 15% per annum) under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 6, 2008 to the date of full payment).

B. As to the defenses of Defendant B and D, the Defendants should be seen as the time of the occurrence of the claim established by the previous judgment on February 6, 2008.

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