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(영문) 서울중앙지방법원 2015.10.14 2015가단5164805

양수금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Inasmuch as a final and conclusive judgment in favor of a party has res judicata effect, barring such circumstances as the lapse of the extinctive prescription period of a claim based on the final and conclusive judgment has become practically difficult to enforce compulsory execution, the parties can not file a new suit based on the same subject matter of lawsuit as the final and conclusive judgment.

(1) Article 165(1) of the Civil Act provides that “The period of extinctive prescription of a claim established by a judgment shall be ten years, even if the period of extinctive prescription falls under the short-term extinctive prescription,” and Article 165(1) of the same Act provides that the period of extinctive prescription shall be ten years, if the existence of a claim becomes final and conclusive by a judgment.”

(2) On December 31, 1997, the Peace Bank loaned KRW 23 million to Defendant A on the ground that the Plaintiff acquired the above bank’s claims against the Defendants, and filed a lawsuit of acquisition of the said bank’s claims against the Defendants under Seoul District Court Decision 2003Da34067 (hereinafter “the previous lawsuit”). The above court rendered a favorable judgment against the Plaintiff on August 27, 2003, and the above judgment rendered a favorable judgment against the Plaintiff on August 27, 2003.

9. The facts established on 25.25. After the fact that Defendant A, the principal debtor, approved the above debt on August 27, 2010. On June 1, 2015, the fact that the Plaintiff filed the instant lawsuit, which is the subject matter of the final and conclusive judgment, is apparent in the record. Accordingly, according to such facts, the Plaintiff’s Defendants are also acknowledged.