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1. The defendant shall pay C and each of the plaintiff KRW 88,00,000 with 25% per annum from December 1, 1998 to the day of full payment.
Reasons
1. Facts of recognition;
A. On September 24, 1998, the Plaintiff and the Defendant filed a suit for the amount of promissory note 100 million won at face value issued by the Defendant and D with the Seoul District Court as the holder of a promissory note 98Ga17822, and the Plaintiff paid KRW 135,00,000 to the Plaintiff by November 30, 1998. If the Defendant and D do not pay the said money by November 30, 1998, the compulsory adjustment was established that “The amount shall be paid by adding the money calculated at the rate of 25% per annum to the unpaid amount from the following day to the day of full payment.”
B. Since then, while the Plaintiff did not receive 88 million won out of the above amount, the Plaintiff filed a lawsuit for the interruption of extinctive prescription under this Court Order 17830, which became final and conclusive on August 26, 2008, with the judgment that "the Defendant shall pay to C and the Plaintiff an amount of 88 million won and interest calculated at the rate of 25% per annum from December 1, 1998 to the date of full payment." The above judgment became final and conclusive on September 23, 2008.
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition, the defendant is obligated to pay C and each of the plaintiff 88 million won and damages for delay calculated at the rate of 25% per annum from December 1, 1998 to the date of full payment. In order to interrupt extinctive prescription, the plaintiff filed the lawsuit of this case at the time when ten years have passed since the judgment of this court 2008da17830 became final and conclusive.
B. On July 22, 2008, the Seoul Rehabilitation Court Decision 2007Da32007 Decided July 22, 2008 upon the Defendant’s motion for bankruptcy and exemption, which became final and conclusive, and the omission of the Plaintiff’s claim in the list of creditors is not based on bad faith. Accordingly, since the Defendant filed a lawsuit for confirmation of exemption on January 18, 2019, it is unnecessary to pay the Plaintiff the said claim upon receiving the judgment of confirmation of exemption. 2) Notwithstanding the confirmation of exemption against the obligor of bankruptcy, any claim is non-exempt claims.