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Reasons
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(영문) 서울동부지방법원 2015.07.03 2014나5991
대여금
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Under the joint and several sureties B, the Plaintiff filed a lawsuit against the Defendant and B on the ground that the Defendant lent KRW 31,350,000 on February 1, 1991, and KRW 20,000 on April 10, 1991, respectively, to the Defendant and B as Seoul East District Court 94Gahap9786.

(hereinafter “first preceding case”). (b)

On October 21, 1994, the court of first instance rendered a judgment that "the defendant and B shall jointly and severally pay to the plaintiff 51,350,000 won and interest calculated at the rate of 25% per annum from September 27, 1994 to the day of full payment" and served the original copy of judgment by public notice.

C. The Plaintiff filed a lawsuit against the Defendant and B with the Seoul Central District Court 2004Kadan57944 for an extension of the extinctive prescription period.

(2) On March 29, 2004, the above court served a copy of the complaint on the Defendant’s mother’s domicile on March 29, 2004, and served a copy of the complaint on April 19, 2004 on B.

On May 27, 2004, the above court rendered a favorable judgment of the plaintiff on May 27, 2004, and both the defendant and B served the original copy of the judgment by public notice.

The Plaintiff filed the instant lawsuit against the Defendant and B for the extension of the extinctive prescription period, and the Plaintiff’s winning judgment was rendered on April 28, 2014.

E. Meanwhile, on July 7, 2014, the Plaintiff filed a lawsuit against D seeking the cancellation of the registration of the establishment of a neighboring mortgage on the real estate owned by the Defendant on behalf of the Seoul Northern District Court 2014Gahap23076, and the duplicate of the complaint was served on D on July 7, 2014. The Defendant heard that the lawsuit for cancellation of the right to collateral security was filed against D, and filed a subsequent appeal against the instant case and the instant first instance judgment.

F. The appellate court of the first preceding case (Seoul High Court 2014Na46084) is the defendant.

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