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(영문) 인천지방법원 2017.11.10 2016가합54168

양수금

Text

1. The Plaintiff’s respective loans claims against Defendant A corporation of the Bank of Korea among the instant lawsuit.

Reasons

1. The portion dismissed;

(a) The reasons for this part of the claim are as shown in paragraph 1 of the annexed sheet.

B. 1) The Plaintiff transferred all of the loan claims against Defendant A and the claims against Defendant B, a joint and several surety therefor, by our bank, and filed a claim against the Defendants for the transfer money. 2) On its own initiative, we examine whether this part of the lawsuit is lawful or not.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in a case 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, there is benefit

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). A final and conclusive judgment, other than the parties, also becomes effective against a successor subsequent to the closure of pleadings (see, e.g., Article 218(1) of the Civil Procedure Act). A transferee of a pecuniary claim of a judgment ordering monetary payment after the closure of pleadings constitutes the

In full view of the arguments in Gap evidence 1, 4, and 6, Gap evidence 7-1 through 5, Gap evidence 8-1 through 3, Gap evidence 9, Gap evidence 10-1, 2, and Gap evidence 11, our bank loaned money to defendant Eul on seven occasions under defendant Eul's joint and several sureties, and our bank filed a lawsuit against the defendants for a claim such as loans, etc. under Seoul Central District Court 201Da319206, Dec. 13, 2011, "the defendants jointly and severally received the judgment of 640,36, 589 won and 425,461,023 won among them from June 8, 201 to October 9, 201, and the above judgment of 20% from the following day to the date of full payment becomes final and conclusive.