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(영문) 부산지방법원 2018.04.18 2017나4680

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion (formerly: the Liquidation Bank Corporation) has received a claim against the defendant for the amount of money transferred to the non-party Dongdong Credit Cooperatives as Busan District Court 2006Gaso117736. The above court decided on July 19, 2006 that "the defendant shall pay to the plaintiff 7,576,138 won and 4,512,862 won a year from February 1, 2006 to July 2, 2006, 19% a year from July 3, 2006, and 20% a year from July 3, 2006 to the day of full payment (hereinafter "pre-payment decision"), and the defendant shall file an appeal against the above pre-payment decision, but it shall be deemed that the court below's ground for rejection of the above order has become final and conclusive as long as it had been later dismissed (the above judgment of the court below 2016.7.27.6.

Judgment

As res judicata effect exists in a favorable judgment that has become final and conclusive, the parties can not file a new suit on the basis of the same subject matter as the final and conclusive judgment in principle, or in the case of this case, there are interests in the lawsuit in the lawsuit where there are special circumstances, such as interruption of prescription. As such, the defendant is obligated to pay to the plaintiff 7,576,138 won and 4,512,862 won per annum from February 1, 2006 to July 2, 2006; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the day of full payment.