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(영문) 부산지방법원 2019.05.30 2018나5321
대여금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. On May 18, 2007, the Plaintiff filed a claim suit, such as a loan (hereinafter “instant loan suit”) with the Busan District Court Decision 2007Da307697 against C (the former wife of the Defendant) and the Defendant, D (C’s referred to as “C”), and E (C’s referred to as “the instant loan claim”). The Plaintiff filed a claim against C against the Plaintiff.

B. On August 28, 2007, the above court rendered a ruling that "the defendant, C, D, and E shall jointly and severally pay the plaintiff 7,500,000 won with 20% interest per annum from May 16, 2007 to the date of full payment" and the above ruling was finalized on October 5, 2007.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 2-1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff KRW 7,500,000 and damages for delay, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. As to the assertion of non-existence of joint and several liability, the Defendant forged documents to the effect that C is a joint and several liability for the Defendant’s loan obligations against the Plaintiff by stealing the Defendant’s seal imprint design, etc., and thus, the Defendant asserts that there is no joint and several liability for the Plaintiff. 2) Even if a new suit is allowed based on the same subject matter of lawsuit as the judgment that became final and conclusive exceptionally due to special circumstances such as the case, interruption of prescription, etc., the judgment of a new suit does not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether the requirements for claiming the

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998, etc.). In light of the above legal principles, the Defendant’s assertion of failure or invalidity of joint and several liability obligations against the Plaintiff is the instant loan lawsuit.

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