1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

In full view of the purport of the argument in Eul evidence No. 1, the defendant filed a lawsuit against C, D, and the plaintiff as Seoul Southern District Court Decision 2000Da44779 and sentenced on January 12, 2001 to the effect that "C, D, and the plaintiff jointly and severally pay 30 million won and delay damages therefor to the defendant" (hereinafter "the judgment of the court of appeal"). The defendant filed a lawsuit against C, D, and the plaintiff on June 20, 201 to the effect that "C, D, and the plaintiff jointly and severally pay 30 million won and delay damages from February 1, 2004" (hereinafter "the judgment of the court of appeal of this case") and the judgment of the court of appeal of this case became final and conclusive by the second instance Seoul Southern District Court Decision 2013Da84289, Jun. 20, 2014 that "C, D, and the plaintiff jointly and severally pay 30 million won and delay damages from February 1, 2004."

argument and Judgment

A. After receiving the judgment in the prior suit, the Defendant asserted that the instant judgment was repaid from D, the actual borrower, and on the other hand, the extinctive prescription of the instant judgment was completed.

Therefore, compulsory execution based on the judgment of this case should not be permitted.

B. The judgment is based on the facts that the defendant received part of interest on the claim of this case from D until January 16, 2004. However, there is no evidence to acknowledge that the defendant received part of interest on the claim of this case in excess of this, and the plaintiff's assertion of payment is without merit.

Meanwhile, the period of extinctive prescription of a claim established by a judgment is extended to 10 years, and the ten-year extinctive prescription is newly run from the date of determination (Articles 165(1) and 178(1) of the Civil Act), barring any special circumstance, the extinctive prescription of a claim established by a judgment of this case shall be ten years from July 10, 2014, which is the date when the judgment of this case becomes final and conclusive.