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(영문) 인천지방법원 2016.06.28 2016나50474

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff filed the instant lawsuit against the Defendant for the extension of extinctive prescription of claims based on a final and conclusive judgment in the case of acquisition money (2003Gaso209385) against the Defendant.

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

Since a final and conclusive judgment in favor of a party has res judicata effect, where the party against whom a final and conclusive judgment in favor of the party has been rendered files a lawsuit again against the other party to the lawsuit identical to the previous judgment in favor of the party to the lawsuit, the subsequent

However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of the claim based on the final judgment has expired, there is a benefit in the lawsuit for the interruption of prescription.

(2) According to the records of evidence Nos. 1 through 4 (including serial numbers) in light of the above legal principles, the plaintiff filed a lawsuit against the plaintiff as the principal debtor of the card loan obligation to the Peace Bank (hereinafter "the debt of this case"), the Incheon District Court 2003 Ghana209385 (hereinafter "the debt of this case"), and (2) on Jan. 15, 2004, "B, A, and the defendant jointly and severally with the plaintiff, and its debt No. 10,732,795 (hereinafter "the debt of this case") and the debt of this case from Jun. 29, 1998 to Oct. 6, 1998, and (3) on Oct. 28, 1998, the period of extinctive prescription of this case is 200% from the day following the date of this case's judgment, which is 10,732,795 won, and the debt of this case is 100% from the day of this case's final judgment.

참조조문