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(영문) 인천지방법원 2015.08.11 2014가단19126 (1)

사해행위취소등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2003, the Plaintiff filed a claim for collection against the Defendant with the Incheon District Court Decision 2002Da336204, and was sentenced by the above court that "the Defendant shall pay to the Plaintiff 10,724,657 won and the interest rate of 25% per annum from November 28, 2002 to the date of full payment." The above judgment was finalized on May 10, 2003.

(hereinafter referred to as the “instant final judgment”). B.

1) On June 4, 2007, the Plaintiff, based on the instant final judgment, issued a seizure and collection order as to the Defendant’s deposit repayment claim against the Defendant’s third-party obligors, as Chuncheon District Court 2007TTB Co., Ltd., and the Defendant’s third-party obligors, as the National Bank and the Korea CTB Bank. 2) On August 11, 201, the Plaintiff, based on the instant final judgment, issued a seizure and collection order as to the Defendant’s deposit repayment claim and deposit repayment claim against the Defendant’s third-party obligors, as the Chuncheon District Court 201TBT3124, based on the instant final judgment, as the Defendant’s and the third-party obligor’s life insurance company and the other nine financial institutions, etc.,

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 and 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The Plaintiff asserts to the effect that the Defendant brought a lawsuit against the Defendant for the interruption of extinctive prescription, as the extinctive prescription of the claim under the final and conclusive judgment of this case is imminent.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, the benefit in the lawsuit