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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 27,551,869 and KRW 14,422,90 among them, from December 16, 2004 to May 16, 2005.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against the Defendants and C with the Seoul Western District Court No. 2006Kadan84938, Mar. 27, 2007, with the judgment of the court below stating that “The Defendants jointly and severally with C to the Plaintiff KRW 28,079,720, and KRW 28,79,358, as to KRW 28,079,358 from December 16, 2004 to May 31, 2005, KRW 18% per annum from June 1, 2005 to February 2, 2007, and KRW 20% per annum from the next day to the date of full payment” was finalized on April 17, 2007.
(hereinafter referred to as "previous Judgment"). (b)
C pays part of the debt based on the previous judgment, and the balance of the principal of the amount of indemnity out of the amount of debt based on the previous judgment is KRW 14,422,906, and the amount of finalized damages is KRW 13,128,963.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of recognition, the defendants are jointly and severally obligated to pay to the plaintiff 27,51,869 won (= KRW 14,422,906 Won 13,128,963) and 14,422,906 won, whichever is less than 18% per annum from December 16, 2004 to May 31, 2005, 15% per annum from June 1, 2005 to February 2, 2007, 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 imminent expiration of extinctive prescription after the previous judgment became final and conclusive has a benefit to protect rights
In this regard, the Defendants asserted that the Plaintiff’s claim against the Defendants was extinguished with the lapse of the five-year statute of limitations. However, in the instant case where the payment order was applied on April 17, 2007 before the lapse of the ten-year period from April 17, 2007 when the previous judgment became final and conclusive, the claim of the previous judgment has expired.