양수금
1. Of the instant lawsuit, the part of the creditor financial institution’s claim for loans in attached Form 1 shall be dismissed.
2...
1. According to the evidence No. 5, the creditor financial institution’s claim stated in the attached Form No. 5 prior to the merits, with respect to the creditor financial institution’s claim for the loans, the judgment was rendered on November 15, 201, and the said judgment became final and conclusive on December 14, 2011.
A new suit concerning a subject matter of lawsuit identical with 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 a party may enforce compulsory execution by obtaining an succeeded execution clause
Therefore, the extinctive prescription period of the above claim remains more than three years as of the date of the closing of argument in this case.
2. Determination on the merits
(a)as shown in the reasons for the attachment of the claim;
(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant').
Article 208 (Civil Procedure Act No. 3)
3. Conclusion, since the creditor financial institutions’ claim as stated in the separate sheet among the lawsuit in this case is unlawful, the part of the creditor financial institutions’ claim is dismissed, and the remainder of the claim is justified and it is so decided as per Disposition.