Text
1. The plaintiff (Appointed) and the appointed party D, and the defendant B shall each be 87,475,000 won, and the defendant C shall be 80,875,000 won, respectively.
Reasons
1. According to the arguments and evidence Nos. 1 and 2, the plaintiff (appointed party; hereinafter the "Plaintiff") and the Appointed filed a lawsuit against the defendants (Seoul Western District Court Decision 2007Da11524). The above court rendered a judgment that "the plaintiff and the Appointed D, each of which was 87,475,00 won, the defendant Eul paid 80,875,000 won to each of them, and 20% interest per annum from October 24, 2007 to the day of full payment." The above judgment can be acknowledged to have become final and conclusive on October 23, 2007 and on December 6, 2007.
The plaintiff filed the lawsuit in this case for the extension of prescription. Unless there are special circumstances, the plaintiff and the appointed person D are liable to pay the plaintiff and the appointed person D each of the defendant B and the defendant C each of the 80,875,000 won and the damages for delay from October 24, 2007.
However, as the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is amended by 15% per annum from October 1, 2015 to 15% per annum, damages for delay from October 1, 2015 shall be recognized as 15% per annum, and parts in excess shall be dismissed.
In regard to this, Defendant C’s claim for a prior suit is disputed that the statute of limitations has already expired, and thus, it can be said that the statute of limitations for the loans to each of the plaintiffs and the designated parties D was extended to 10 years from the date of each of the above final and conclusive judgments. The fact that the instant lawsuit was filed on November 3, 2017, prior to the lapse of the aforesaid ten years is apparent in the record, and therefore, Defendant C’s above assertion is without merit.
2. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed. It is so decided as per Disposition.