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(영문) 서울서부지방법원 2016.03.25 2015가단240815

양수금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine whether the lawsuit of this case is legitimate or not ex officio.

In a case where the Plaintiff filed a new suit with the same content despite the fact that the judgment rendered in favor of the Defendant became final and conclusive, except in special circumstances where the completion of extinctive prescription of a claim based on the previous final and conclusive judgment is imminent and the interruption of prescription thereof, etc. should be permitted, the new suit is sought again even if it has already been granted the protection of rights, and thus, there is no benefit in the protection

(2) The plaintiff's claim against the deceased real estate owner on June 12, 1998 was accepted on June 12, 1998 (see, e.g., Supreme Court Decision 98Da1645, Jun. 12, 1998). Accordingly, in full view of the purport of the whole pleadings in the statement in Gap 1 through 5, the non-party foreign exchange bank filed a lawsuit against the deceased non-party B seeking payment of the principal and interest on the loan amounting to KRW 365,44,154 as Seoul District Court Decision 96Da19361, and damages for delay on principal, and the above judgment (hereinafter "final judgment of this case") was affirmed on January 8, 1997. The above judgment of the court below was affirmed. ② The non-party foreign exchange bank received dividends of KRW 3,178,318 from the third real estate compulsory auction in the Seoul District Court's case on April 12, 1997; ③ the non-party 207.7.