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1. The Defendant is jointly and severally with Nonparty B as to KRW 62,427,719 and KRW 16,468,394 among them, from December 31, 2015.
Reasons
1. The facts stated in the attached Form No. 1, which the plaintiff asserted as the cause of the claim in this case, can be acknowledged by comprehensively considering the entries in the attached Form No. 1 and the purport of the entire pleadings.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, who acquired the first creditor financial institution’s claims, the total amount of KRW 62,427,719, and damages for delay calculated at the rate of 17% per annum from December 31, 2015 to the date of full payment, as to the principal amount of KRW 16,468,394.
2. The defendant's assertion as to the defendant's assertion does not have any fact that he jointly and severally guaranteed the debt owed to the above EL card, and thus, the plaintiff's claim is unjustifiable. However, according to the above evidence, the plaintiff filed a lawsuit claiming transfer money against the defendant et al. and was sentenced to a favorable judgment on April 7, 2006 by the Daejeon District Court Decision 2006Da5144, and the judgment became final and conclusive around that time. The final and conclusive favorable judgment has res judicata effect, and the court which examines a new lawsuit for the interruption of extinctive prescription can not re-examine whether all the requirements for claiming the established right are satisfied.
(2) The Defendant’s assertion is without merit, so long as the Plaintiff’s claim against the Defendant exists in the judgment prior to a prior suit (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010).
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.