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(영문) 대구지방법원경주지원 2020.06.24 2019가단3236
소멸시효중단을위한소제기확인
Text

1. The Daegu District Court and the Defendants (Seoul District Court Decision 2009No5349 Decided June 1, 2010) shall compensate the Plaintiffs and the Defendants for damages.

Reasons

1. Facts of recognition;

A. The Defendants of the preceding judgment of this case jointly and severally pay to Plaintiff A 2,730,020 won, 1,000,000 won to Plaintiff C, 300,000 won to Plaintiff C, 4,000,000 won to Plaintiff D, and 5% per annum from December 27, 2008 to June 1, 2010, and 20% per annum from the next day to the date of full payment.

1) The plaintiffs filed a lawsuit against the defendants as Daegu District Court racing support 2009da5349, and the above court rendered a judgment on June 1, 2010 as follows. 1. The defendants paid 5,398,580 won to each plaintiff Eul, 1,000, 2,000 won to each plaintiff Eul, and 2,00,000 won to each of them, and 5% per annum from December 27, 2008 to December 14, 2010, and 20% per annum from the next day to the date of full payment. The defendants paid 30,000 won to each plaintiff, and 20% per annum from the next day to the next day to December 14, 2010 to the 2014th day of appeal as follows. The defendants paid 20% interest per annum 20,000 per annum to each of the plaintiffs plaintiff C and 14% interest per annum 1,2015.

B. The Plaintiffs filed the instant lawsuit on November 6, 2019 for the interruption of extinctive prescription of claims based on the instant preceding judgment.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the plaintiffs' assertion seeking to confirm the existence of the lawsuit of this case for the interruption of extinctive prescription based on the prior judgment of this case is with merit, and the benefit of confirmation is also recognized.

B. Defendant E’s judgment on Defendant E’s assertion is the preceding judgment of this case.

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