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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. D’s claim for unjust enrichment against the Plaintiff filed a lawsuit against the Plaintiff for return of unjust enrichment. The Seoul Central District Court Decision 2007Gahap81587 Decided April 30, 2008 dismissed D’s claim on April 30, 2008, but the Seoul High Court Decision 2008Na54886 Decided April 23, 2009 ruled that “the Plaintiff shall pay D KRW 30 million and delay damages therefor” (hereinafter “the instant judgment”), which was partially favorable of D on April 23, 2009, and the Plaintiff’s appeal (Supreme Court Decision 2009Da34399) was dismissed and finally affirmed.
(B) The above claim against the plaintiff of D which was confirmed by the judgment of this case ("the claim of this case").
E A lawsuit for the claim for promissory notes amounting to KRW 299,273,482, which was issued and delivered on August 20, 1985 by Seoul Special District Court 86Ga2029 (hereinafter “D, etc.”), E, including the Promissory Notes against D, filed a lawsuit for the claim for promissory notes amounting to KRW 299,273,482 (hereinafter “D, etc.”). On November 12, 1986, the court shall pay to E, jointly with “D, etc., KRW 30,000,000 and the amount equivalent to KRW 6% per annum from December 31, 1985 to the day of complete payment.
(2) The appeal court extended its claim in Seoul Civil Procedure District Court 86Na3322 on August 21, 1987, as D et al. appealed against the above judgment, and the above court dismissed the appeal such as D et al.
upon the claim extended from the trial, D, etc. shall pay E the amount of 269,273,482 won and 6% per annum from December 31, 1985 to August 21, 1987, and 25% per annum from the next day to the date of full payment.
The judgment was pronounced, and the above judgment became final and conclusive on September 16, 1987. (3) E filed a lawsuit against D et al. against D et al. for the extinctive prescription of the claim based on the above final and conclusive judgment against D et al. on September 2, 1997, and the above court held D et al. jointly with E on September 2, 1997, and on December 31, 1985.