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Reasons
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(영문) 서울북부지방법원 2019.05.02 2018나1993
대여금
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1. Defendant B’s appeal shall be dismissed;

2. Of the judgment of the court of first instance, the part against Defendant D is revoked, and the revocation part is revoked.

Reasons

1. Basic facts

A. On September 31, 201, the Plaintiff: (a) lent KRW 70,000,000 to Defendant B; (b) set the due date on November 23, 201 as the joint and several surety (hereinafter “instant contract”).

B. At the time of the preparation of the instant contract, Defendant D did not sit in company, and Defendant B sealed Defendant D’s seal.

C. On December 15, 201, the Plaintiff filed the instant lawsuit against the Defendants to pay the aforementioned KRW 70,000,000 and damages for delay thereof. The first instance court served documents related to the lawsuit, such as a duplicate of the complaint, by public notice, and served the judgment on May 2, 2012, which stated that “the Defendants jointly and severally liable to the Plaintiff for payment of KRW 70,000,000 and damages for delay thereof,” and the original judgment was served to the Defendants by public notice, and the first instance judgment became final and conclusive.

On the other hand, on October 25, 2017, Defendant B filed a lawsuit seeking the confirmation of exemption against the Plaintiff and E (this Court Decision 2017Da23834). Defendant B submitted the first instance judgment as evidence, and Defendant B asserted as the cause of the claim confirming the exemption of Defendant B’s obligation under the first instance judgment to the Plaintiff.

Defendant B had been present directly on the date of conciliation on January 30, 2018 in the course of the lawsuit seeking confirmation of exemption from liability. On June 8, 2018, the above lawsuit was dismissed on the ground that seeking confirmation of exemption from liability was not an effective and appropriate means to eliminate anxietys and risks in Defendant B’s rights or legal status, and thus, the benefit of confirmation is not recognized.

E. The Defendants submitted the instant written appeal on June 26, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 7 (including provisional parcel number, if any), the purport of the whole pleadings

2. As to the legitimacy of Defendant B’s appeal for subsequent completion, the copy of the complaint and the original copy of the judgment, etc.

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