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(영문) 서울중앙지방법원 2016.03.25 2015가단9200
약속어음금
Text

1. The Plaintiff:

A. Defendant B and C jointly share 25,80,000 won with respect thereto from June 4, 1993 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On September 15, 1993, the Plaintiff filed a lawsuit against Defendant B, C, D, and F with the Southern Branch of the Seoul District Court for a promissory note claim amounting to KRW 93Na18000,00, and rendered a judgment in favor of the Plaintiff that “Defendant B, C, D, and F jointly pay to the Plaintiff the amount of KRW 2,5.8 million per annum from June 4, 1993 to the date of full payment, and the amount of interest calculated at the rate of KRW 25% per annum from June 4, 1993 to the date of full payment.” Defendant D appealed filed an appeal against the above judgment with the Seoul Northern District Court93Na41746, and the above appellate court rendered the appeal against the Plaintiff’s claim against the Defendant D on May 20, 1994, the judgment became final and conclusive at the rate of KRW 1,00,000 and KRW 25% per annum from June 4, 1993 to the date of full payment.”

B. The plaintiff is the above A.

In order to interrupt the prescription of claims based on the judgment of the court below, Defendant B, C, D, and F filed a lawsuit claiming the amount of promissory notes with the Seoul Central District Court 2004Da194553, Dec. 17, 2004. The above court rendered a favorable judgment against the plaintiff on the judgment of the court below that "The above court rendered a favorable judgment against the plaintiff, Defendant B, C, and F together with the amount of KRW 25,80,000 per annum from June 4, 1993 to the day of full payment, and the amount of KRW 25,00,000,000 and the amount of KRW 1,58,000 per annum from June 4, 1993 to the day of full payment." The above judgment became final and conclusive on February 2, 2005.

C. The F died on August 15, 2012, and accordingly, G, the spouse of G, was jointly inherited at the ratio of shares of 3/11 shares, Defendant E and Appointors, I, H, and J, each of whom was the spouse.

On the other hand, the Plaintiff filed the instant lawsuit for the extension of prescription period.

[Ground of recognition] The plaintiff, defendant B, C, E, and the designated parties: Each entry of Gap evidence No. 1-1-7 No. 7-5, the purport of the whole pleadings, and defendant D: Article 150(1) of the Civil Procedure Act

2. Determination

(a)the cause of the claim;

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