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1. Supreme Court Decision 2014Da516347 Decided October 15, 2014 against the Defendant’s Plaintiff and Supreme Court Decision 2014Da516347 Decided August 11, 2015.
Reasons
1. Basic facts
A. On October 15, 2014, Supreme Court Decision 2014Da5163447 Decided October 15, 2014, C loaned KRW 10,000,00 to D, who is the Plaintiff’s husband, to the extent of KRW 13,00,000, and C loaned the above debt to D within the limit of KRW 13,000,000. On April 11, 1998, C loaned the above debt to D. The Plaintiff jointly and severally guaranteed the above debt amount of KRW 26,00,000. Each of the above credit was transferred to the Defendant through E Limited Company and F, and the Defendant claimed payment of each of the above debt amount against the Plaintiff as a joint and several surety by public notice, and the Defendant brought a lawsuit against the Plaintiff by publication.
On October 15, 2014, the above court rendered a judgment that “the plaintiff shall pay KRW 39,000,000 to the defendant” (hereinafter “instant judgment”) and the above judgment became final and conclusive around that time.
3) On January 30, 2015, the Defendant, based on the instant judgment No. 1, issued a collection order (hereinafter “instant collection order”) with the Defendant’s claim against the Plaintiff G Co., Ltd. as the Chuncheon District Court 2015TT352, Jan. 30, 2015.
(2) On February 11, 2015, the above order was served as the Plaintiff’s domicile, and was received by Ha on February 23, 2015. (2) On August 11, 2015, this Court Decision 2015Da501383 decided August 11, 2015, the Defendant filed a lawsuit against the Plaintiff and MaI, a joint and several surety, and the said lawsuit was served as service by public notice against the Plaintiff.
Although the above contents are not revealed in the judgment, the process of the lawsuit against the plaintiff can be known to the fact that the lawsuit against the plaintiff was initiated by public notice.
The above court rendered August 11, 2015 that "the plaintiff shall pay to the defendant 42,096,327 won and damages for delay of KRW 10,050,754 (the contents of the judgment on the deceased I's heir are omitted)" (hereinafter referred to as "the judgment on the deceased I's heir") is not the case 2.