양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff filed the instant lawsuit against the Defendants, who were N in Busan District Court Decision 2003Kadan62107, for the extension of extinctive prescription of the claim based on the final and conclusive judgment of the transfer money case against the deceased N.
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.
(3) In light of the aforementioned legal principles, the Plaintiff filed a lawsuit against O, a principal debtor of the obligation to Seoul Bank (hereinafter “instant obligation”) and N, a joint guarantor, with the Busan District Court Decision 2003No62107, Sep. 4, 2003; ② “O shall have KRW 40,234,312 and its 2.0% per annum from the following day to October 11, 1998; KRW 25% per annum from the following day to the 19.0% per annum; and KRW 9% per annum from the 19.9% per annum to the 19.05% per annum; and KRW 9% per annum from the day to 19.10,000 per annum; and KRW 95% per annum from the day to 19.10,000 per annum; and KRW 96% per annum to the 19.5% per annum. < Amended by Presidential Decree No. 16584, Oct. 10, 19999>