양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
The plaintiff asserts that he acquired the claim for reimbursement from the Seoul Guarantee Insurance Co., Ltd. (the former trade name: the Korea Guarantee Insurance Co., Ltd.; hereinafter referred to as the "Seoul Guarantee Insurance") and sought the payment of the above amount by the lawsuit of this case against the defendant. We examine ex officio the legitimacy of the lawsuit of this case.
In full view of the contents of evidence No. 1-1, evidence No. 2-1, evidence No. 2-1, evidence No. 3, evidence No. 4-1 through 3, evidence No. 7-1, and evidence No. 7-2, the whole pleadings were concluded with the defendant around Oct. 17, 1994 for a small loan guarantee agreement with the insurance coverage amount of KRW 11 million, and the insurance coverage period of December 15, 199. After the payment of the principal and interest to the insured pursuant to the above agreement, the Seoul Guarantee Insurance paid the principal and interest to the insured pursuant to the above agreement, and filed a lawsuit seeking reimbursement of the subrogated amount under the Daegu District Court Decision No. 2000Da159791, Sept. 28, 200 and the judgment below became final and conclusive around Oct. 28, 200; after the Seoul Central Guarantee Insurance Co., Ltd. received an order to pay the above amount from the Seoul High Court Decision No. 20138, Dec. 21, 2013
Since a final and conclusive judgment in favor of one party has res judicata effect, where the party against whom a final and conclusive judgment in favor of one party in favor of one party in a lawsuit again files a claim identical to the previous suit in favor of the other party in the previous suit, the subsequent suit is unlawful as there is no benefit of protection of rights, and exceptionally, 10