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(영문) 부산지방법원 2020.03.26 2019나4592
대여금 등
Text

1. Of the judgment of the first instance, the part against the plaintiff against the defendant B shall be revoked.

2. Defendant B shall be jointly and severally with Defendant C.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the defendants and D with Busan District Court's Dong Branch 2008Kadan37317, and the above court decided on February 5, 2009 that "the defendants jointly and severally pay to the plaintiff 22,00,000 won and 48% interest rate per annum from November 22, 2008 to the date of complete payment." The above judgment became final and conclusive on March 6, 2009.

B. The Plaintiff filed a lawsuit for the claim for loans, etc. with Busan District Court Decision 2018Da60000 for the purpose of the extension of the statute of limitations for the above loan claim (hereinafter “the instant claim”). On January 7, 2019, the said court issued an order to dismiss the complaint to the Plaintiff.

After receiving the above order on January 10, 2009, the Plaintiff withdrawn the lawsuit on January 17, 2019, but filed the instant lawsuit again on April 3, 2019.

C. Meanwhile, in the case No. 2010 Busan District Court Decision 2010Da23785, Defendant B was granted immunity on October 26, 2015 (hereinafter “instant immunity”). The exemption exemption became final and conclusive on November 10, 2015, and the claim in this case was not entered in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, facts with merit in this court, the purport of the whole pleadings

2. According to the facts established on the basis of the judgment on the cause of the claim, the Defendants are obligated to pay the amount according to the judgment on the prior suit that became final and conclusive to the Plaintiff, and the instant lawsuit was filed for the extension of the extinctive prescription of the claim based on the judgment on the prior suit, and thus, there

Therefore, barring any special circumstance, the Defendants jointly and severally agreed to the Plaintiff 130,984,986 won (the sum of the principal leased 22,00,000 and the amount calculated by 48% per annum from November 22, 2008 to March 18, 2019) and the amount calculated by 48% per annum from March 19, 2019 to the date of full payment.

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