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1. The Defendant shall pay to the Plaintiff (Appointed Party) KRW 35,460,760, KRW 21,507,173, and each of the above amounts to the Appointed B and C.
Reasons
1. Basic facts
A. On March 29, 2002, the Plaintiff (Appointed Party, hereinafter “Plaintiff”) filed a lawsuit against the Defendant for the payment of damages under the Seocho District Court Branching 2001Gahap344, the Plaintiff (hereinafter “Plaintiffs”) and rendered a judgment on March 29, 2002 that “the Defendant paid to the Plaintiff KRW 21,507,173 to the Plaintiff, and each of the said money, KRW 5% per annum from November 22, 2000 to March 29, 2002, and KRW 25% per annum from the next day to March 29, 2002.”
B. Accordingly, the Defendant dissatisfied with the above judgment and appealed as Seoul High Court 2002Na22726 on June 5, 2003. The above court accepted part of the Defendant’s appeal on June 5, 2003, and rendered a judgment of the court of first instance that “The Defendant among the judgment of the court of first instance, ordered payment of 21,507,173 won to the Defendant, and 20% per annum from November 22, 2000 to June 5, 2003, and 20% per annum from the next day to June 5, 2003 to the day of full payment, and dismissed the Plaintiffs’ claim corresponding to the revoked portion.” The Defendant appealed against the above judgment and appealed as Supreme Court Decision 203Da31619, Apr. 27, 2004.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 2-2 and the purport of the whole pleadings
2. The defendant's judgment on the defendant's main defense of safety had already filed the same lawsuit against the defendant and had been sentenced to a judgment as recognized in the above paragraph (1), and the judgment became final and conclusive. Since the defendant filed a lawsuit for the revocation of a fraudulent act under the Sungwon District Court Sung-nam Branch 2012Gahap23937 with the claim for damages recognized in the above judgment as preserved claim, it is not a benefit of lawsuit to file a separate lawsuit for the interruption of extinctive prescription.