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(영문) 전주지방법원 2018.08.21 2016가단23566
청구이의
Text

1. The loan case against the Defendant (Appointed Party) and the Appointed C and D Plaintiff at the Jeonju District Court 2015 tea1249 decided March 2015.

Reasons

1. The following facts of recognition are acknowledged as either of the facts in dispute between the parties or as a whole together with the purport of the entire pleadings in the entry in Gap evidence 2 and 3:

A. E is the Plaintiff’s wife, and the network F (hereinafter “the deceased”) is the wife of the Defendant (Appointed Party; hereinafter “Defendant”) and the Appointor C and D are children between the Defendant and the Deceased.

B. On November 29, 2004, the Deceased filed a lawsuit against E and the Plaintiff for a loan claim under this Court Ordinance No. 2004Ga36538.

After that, the deceased died, the Defendant, the inheritor of the deceased, C, and D took over the deceased status of the above case.

On April 8, 2005, this Court rendered a judgment as follows (hereinafter “the judgment of this case”) with respect to the above case as to “the net’s loan claim of KRW 10 million against the Plaintiff, the loan claim of KRW 20 million on February 6, 2004, and the loan claim of KRW 15 million on May 6, 2002 against E,” respectively, and the judgment of this case became final and conclusive on May 5, 2005.

only the cited part of the text of the judgment of this Court No. 2004da36538.

The status of the parties below is indicated on the basis of this case.

1. E shall pay to the Defendant the amount of KRW 6,428,571, KRW 4,285,714, each of them shall be 5% per annum from December 9, 2004 to April 8, 2005, and 20% per annum from the next day to the day of full payment.

2. The plaintiff shall pay to the defendant 12,857,142 won, amount of 8,571,428 won, amount of 5% per annum from December 9, 2004 to April 8, 2005, and amount of 20% per annum from the next day to the day of full payment.

C. On March 19, 2015, the Defendant, the Appointed C, and D filed an application against E and the Plaintiff for a payment order under this Court No. 2015j1249 for the interruption of extinctive prescription regarding principal among the instant judgment claims. This Court rendered an application on March 20, 2015 for payment order to the Defendant 6,428,571, the Appointed C, and D, respectively.

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