양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1. Claim.
1.The following facts may be acknowledged, either in dispute between the parties or in each entry (including each number) in Gap evidence 1 to 5, by integrating the purpose of the entire pleadings:
B around January 26, 1998, borrowed 120,000,000 won from Korea Mutual Savings Bank, and the defendant guaranteed B's obligation to pay the principal and interest of the loan.
B. On February 18, 2005, the bankruptcy trustee of the Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, the bankrupt corporation, or Korea Mutual Savings Bank, filed a lawsuit against the defendant on the claim for loans with the Changwon District Court Decision 2004Gau9674, and rendered a judgment on February 18, 2005 that “the defendant shall pay to the plaintiff KRW 13,492,602” (hereinafter “the previous judgment”), which became final and conclusive on March 23, 2005.
C. On October 2, 2014, the Korea Deposit Insurance Corporation transferred all the remainder of the principal and interest of loan to B and Defendant to the Plaintiff, and upon delegation by the Korea Deposit Insurance Corporation, the Plaintiff notified the Defendant of the assignment of the said loan around July 29, 2015.
2. We examine ex officio the legality of the instant lawsuit, ex officio, as to the determination on the legitimacy of the instant lawsuit.
Since a final and conclusive judgment in favor of a person who has received a final and conclusive judgment in favor of one party has res judicata effect, in a case where the party who received the final and conclusive judgment in favor of one party files a lawsuit again against the other party to the previous judgment in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit of protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of ex
(see, e.g., Supreme Court Decisions 87Meu1761, Nov. 10, 1987; 2005Da74764, Apr. 14, 2006). In light of the records of this case and the overall purport of the arguments and arguments in this court, there is objection between the bankruptcy trustee and the defendant of the Korea Deposit Insurance Corporation and the Korea Mutual Savings Bank.