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(영문) 대구지방법원 2019.06.20 2018가단141395

양수금

Text

1. The defendant shall pay 131,400,890 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On February 8, 2001, the non-party C Union provided loans to the Defendant respectively as KRW 100 million, and KRW 700 million on December 10, 2001, but all principal was repaid, but the Defendant filed a lawsuit against the Defendant for payment of the said money under the Daegu District Court Decision 201Hun-Ga6239, whose total amount of interest was not repaid.

B. In the said lawsuit, the Daegu District Court rendered a judgment that the Daegu District Court rendered the Defendant a payment of KRW 131,489,350 to the C Association on November 10, 2010, and the said judgment was finalized on December 11, 2010 as it became final and conclusive on November 24, 2010.

(hereinafter referred to as “the previous final and conclusive judgment of this case”

C. On July 24, 2018, C Union transferred to the Plaintiff the remaining interest on KRW 131,40,890 out of the claims under the previous final judgment of the instant case (i.e., the remaining interest on KRW 100 million on February 8, 2001, KRW 41,66,066, KRW 89,734,824, which was December 10, 2001, and around that time, notified the Defendant of the assignment of the said claim.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 3, 6, and 7's each statement, the purport of the whole pleadings.

2. According to the above fact-finding on the ground of the plaintiff's claim, the defendant is obligated to pay KRW 131,400,890, the transferee of the claim under the previous final judgment of this case, to the plaintiff who is the transferee of the claim of this case.

3. As to the judgment on the defendant's defense, the defendant, in addition to the loans in this case, has made several recommendations from the cooperative, but it is known that all real estate offered as security by the defendant has been repaid by means of a security right (auction), and it is improper for the defendant to file a claim with the transferee at a much more than 10 years ago.

However, the claim for the loan of this case that the Plaintiff acquired from the cooperative is a claim based on a final judgment.

Therefore, due to the res judicata of a final and conclusive judgment, the defendant can contest the existence of a new claim.