beta
Text
1. The part against Defendant B among the instant lawsuit is dismissed.
2. Defendant C shall pay 45,000,000 won to the Plaintiff.
Reasons
Facts of recognition
A. On March 22, 1995, the Plaintiff leased the Eunpyeong-gu Seoul Eunpyeong-gu (DB) No. 50,000,000 lease deposit and two years of lease period from Defendant B.
B. On June 4, 1996, the Plaintiff demanded the return of the deposit when delivering the above building to Defendant B. However, the Plaintiff received only KRW 5,000,000 among them.
C. On July 31, 1997, Defendant B agreed that Defendant C, who was his spouse, shall be a joint guarantor and shall return the said deposit to the Plaintiff.
The Plaintiff filed a lawsuit against the Defendants on the claim for lease deposit, etc. with the Jung-gu District Court 2000Kadan37234, and the above court rendered compulsory conciliation on November 8, 2000 that “the Defendants jointly and severally paid KRW 45,00,000 to the Plaintiff,” and it was finalized on November 29, 200.
(hereinafter “instant forced conciliation”). E.
Since then, the Plaintiff filed a lawsuit against the Defendants for the interruption of extinctive prescription against the District Court Decision 2010Kadan19396, supra, the said court rendered a judgment on July 21, 2010 that “the Defendants jointly and severally paid KRW 45 million to the Plaintiff,” and the said judgment became final and conclusive on August 10, 2010.
(hereinafter “instant judgment” and “instant claim”). Meanwhile, on July 22, 2016, Defendant B applied for bankruptcy and immunity as Seoul Rehabilitation Court No. 60564, 2016Hadan60564, and the said court made a decision to grant immunity on November 30, 2017 (hereinafter “instant decision to grant immunity”). The said decision became final and conclusive on December 19, 2017.
The list of creditors submitted by Defendant B in the bankruptcy and immunity procedure was omitted from the claim of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings
2. Determination as to the claim against Defendant C
A. Defendant C is entitled to KRW 45,000,000 for the above lease deposit to the Plaintiff and the pertinent amount.