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(영문) 창원지방법원 2016.04.05 2015가단16883
대여금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 30,000,000 and the Defendant B from February 11, 2003.

Reasons

1. Basic facts

A. The plaintiff filed a civil lawsuit against the defendants. On August 9, 2005, the court of the first instance rendered a judgment in favor of the plaintiff that "the defendant jointly and severally held 30 million won and 5% interest per annum from February 11, 2003 to May 27, 2005, and 20% per annum from the next day to the date of full payment" (this Court Decision 2004Da5431, hereinafter the previous judgment) that "the defendant shall pay to the plaintiff 30 million won and 5% interest per annum from the next day to the date of full payment." The above judgment became final and conclusive on August 27, 2005.

B. The Plaintiff filed the instant lawsuit on August 24, 2015 to extend the extinctive prescription period of a claim based on the previous judgment.

[Ground of recognition] Defendant B (the fact that there is no dispute, the entry of Gap Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings) and Defendant C (the judgment made by the confessions as provided in Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay 30,000,000 won and damages for delay calculated at the rate of 20% per annum as stipulated in the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of delivery of a copy of the instant complaint as they seek by the Plaintiff from February 11, 2003 to September 24, 2015, with respect to Defendant C, which is obviously a delivery date of a copy of the instant complaint, to Defendant C, by September 25, 2015, which is obviously a delivery date of a copy of the instant complaint, and from the following day to the date of full payment.

B. As to the determination of Defendant B’s assertion, Defendant B alleged that Defendant B repaid the loan claimed by the Plaintiff, the above Defendant’s assertion is without merit, since there is no evidence to acknowledge that Defendant B repaid the loan claimed by the Plaintiff after the date of closing argument in the previous judgment.

3. Thus, the plaintiff's claim against the defendants.

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