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(영문) 서울중앙지방법원 2018.02.07 2017가단5104005

양수금

Text

1. Of the instant lawsuit, the part of the claim related to the new credit card and Hyundai Capital in the specification of the claim in the attached claim list.

Reasons

1. Of the instant lawsuit in the judgment prior to the merits, regarding the new card of the claim specification financial institution and the claim portion relating to Hyundai Capital, among the instant lawsuit, there is no benefit of protection of rights for the following reasons.

According to the evidence evidence No. 6, the judgment of 2012Gau2357, Sept. 26, 2012 with respect to the new card-related claim portion becomes final and conclusive on October 13, 2012, and the judgment of 2012Gau4001, Jan. 23, 2013, rendered by the Gwangju District Court as to the claim related to Hyundai Capital Capital, can be recognized as final and conclusive on February 8, 2013.

B. The filing of a new suit concerning a subject matter of lawsuit identical to a final and conclusive judgment is not allowed as there is no benefit of protection of rights, barring special circumstances, such as interruption of prescription, and a successor to the relevant party may also enforce compulsory execution by obtaining

The Plaintiff acquired the above claim from each of the above financial institutions, and the extinctive prescription period of the above claim remains more than four years as of the date of closing the argument in this case.

2. Of the instant lawsuit on the merits, the part concerning the national card, non-Es Capital, and Samsung Card-related claims in the attached claim specification table among the instant lawsuit, can be acknowledged in light of the overall purport of the pleadings and the overall purport of the pleadings. As such, the Defendant is obliged to pay the Plaintiff the money set forth in the attached claim No. 2.

3. Conclusion, of the instant lawsuit, the part of the claim related to the new card of the financial institution in the specification of the claim in the separate sheet and Hyundai Capital, is unlawful, and thus, it is dismissed, and the remainder of the claim shall be accepted in its reasoning and so decided as per Disposition.