양수금
1. Of the instant lawsuits against Defendant A, claims arising from foreign exchange banks are excluded.
1. Of the instant lawsuit, determination as to whether the part of the instant lawsuit is lawful is made ex officio with respect to the remainder of claims except for claims based on which the claims acquired from the foreign exchange bank against Defendant A, and the claims against Defendant B.
On the other hand, in case where the party against whom a final and conclusive judgment in favor of one party has become final and conclusive files a suit against the other party to the previous suit for the same claim as the final and conclusive judgment in favor of one party to the previous suit, the subsequent suit is unlawful as there is no benefit in the protection of rights, and exceptionally, in case where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive
(2) On April 14, 2006, the Plaintiff filed a lawsuit against the Defendants for the claim for the amount of money transfer under the jurisdiction of the Incheon District Court 2008da61812 regarding the same subject matter of lawsuit as the above claim, and filed the lawsuit against the Defendants on September 3, 2008 (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). However, on September 3, 2008, “The Plaintiff shall pay to the Plaintiff the amount of KRW 31,763,81, and the amount of KRW 24,910,37,” Defendant B shall be jointly and severally with Defendant A to pay KRW 5,461,709 of the said amount and KRW 3,724,734 of the said amount of money and KRW 17% of the said amount of money from April 1, 2005 to the date of full payment, and the extinctive prescription of the said judgment shall not be recognized as the lapse of extinctive prescription between the parties.
Therefore, among the lawsuits filed by the Plaintiff, each of the above claims is without interest in the protection of rights.
2. Determination of claims based on claims acquired from Defendant A from the foreign exchange bank, facts which have no dispute between the parties, entry of evidence No. 13 and all pleadings.