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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is the male-born of Nonparty C, and upon the death of C on February 25, 2010, the Defendant, his father, succeeded to C (hereinafter “the deceased”).
On September 28, 2009, the Plaintiff filed a lawsuit against the Deceased against the Plaintiff for the payment of KRW 1,945,65,656,00, which is the sum of USD 1,063,20 ($1,275,840,00) and interest on delay calculated at the rate of 6% per annum from January 26, 2001 to September 2009 (669,816,000), and the Defendant took over the lawsuit following the deceased’s death. On September 14, 201, the Plaintiff rejected the Plaintiff’s claim for the payment of KRW 1,945,65,00, which is the sum of the amount loaned by the Plaintiff from October 26, 198 to July 16, 200, and the court dismissed the Plaintiff’s claim for damages for delay from October 26, 2008 to July 16, 2008.
(209Gahap17385) The plaintiff appealed against the plaintiff. On September 9, 2011, the Seoul High Court sentenced the plaintiff to pay 850,300 US dollars and 5% per annum from September 1, 2005 to September 9, 2011, and 20% per annum from the following day to the day of full payment. The plaintiff's remaining appeal was dismissed.
(2010Na125187). On February 23, 2012, the Defendant appealed, and the Supreme Court rendered a judgment remanded to the lower court on the ground that there was an error of misunderstanding of facts in finding the fact of lending on the grounds that the lower court’s judgment was not reliable or unclear evidence alone.
(2011Da86829) After remanding, the Seoul High Court dismissed the Plaintiff’s appeal on September 12, 2012 (201Na22886). The Plaintiff appealed, but the Supreme Court dismissed the Plaintiff’s appeal on February 14, 2013.
209Gahap17385 decided by this Court, which became final and conclusive by means of such appeal and appeal, as follows: (a) the instant case is referred to “pre-trial”; and (b) the foregoing case is referred to as “pre-trial case.”