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1. Defendant B’s KRW 250,000,000 per annum for the Plaintiff and 5% per annum from December 1, 2003 to November 9, 2005.
Reasons
1. Facts of recognition;
A. The plaintiff from May 2003 to the defendants from the end of the same year.
7. By October, 197, the Defendants asserted that they lent KRW 250,000,000 in total under the name of the land purchase funds and building permission expenses for apartment construction projects of the Defendants, and filed a lawsuit against the Defendants for the loan claim under the Busan District Court Branch Branch 2005Gahap23555.
B. On October 19, 2006, the above court rendered a ruling that "the defendants jointly and severally pay to the plaintiff 250,000,000 won with 5% interest per annum from December 1, 2003 to November 9, 2005, and 20% interest per annum from the next day to the day of full payment." The above ruling became final and conclusive on December 5, 2006.
[Ground of recognition] No. 1-1, 3, the purport of the whole pleading
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff 250,000,000 won and damages for delay calculated at the rate of 5% per annum from December 1, 2003 to November 9, 2005, and 20% per annum from the next day to the day of full payment. On the other hand, the lawsuit of this case filed for the purpose of the extension of prescription due to the excessive completion of the statute of limitations after the judgment of the previous suit of this case became final and conclusive.
B. Defendant C’s defense asserts that the Plaintiff could not respond to the Plaintiff’s claim since the Plaintiff exempted Defendant C from the above judgment amount.
According to the statement in Eul, Eul evidence Nos. 1, 2, 3, and Eul evidence Nos. 4-1, 200,000 won around October 1, 201, and 1,000 won on October 1, 2012, 50,000 won on November 13, 201, and 200 won on February 6, 2016, KRW 1,000,000 on March 10, 2016, and KRW 1,00,000 on July 13, 2016, and KRW 1,000,00,000 on September 13, 2016, and KRW 1,00,000 on September 13, 2016, and KRW 30,000 on September 13, 2017, the Plaintiff paid each of its claims to the Plaintiff, respectively.