양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
We examine, ex officio, the legitimacy of the suit of this case filed by the plaintiff who acquired the claim against the defendant by our bank (hereinafter referred to as the "Korean bank") against the defendant.
Unless there exist special circumstances, such as that the ten-year prescription period against a final judgment is too excessive, the transferee of a claim on which a final judgment has become final and conclusive may immediately enforce a compulsory execution against the debtor’s property by obtaining an execution clause succeeding to the final and conclusive judgment, is unlawful.
Comprehensively taking account of the purport of the argument in Gap evidence No. 4, the Bank shall pay the plaintiff 47,80,439 won and the defendant 20,304,127 won with 19% interest per annum from March 22, 2007 to August 5, 2010, and 20% interest per annum from the next day to the date of full payment. It is recognized that the above judgment was finalized on September 15, 2010, and according to the above facts of recognition, the plaintiff 47,80,439 won and its 20,304,127 won cannot be transferred to the plaintiff immediately after the above judgment became final and conclusive. The plaintiff 5% interest of the execution clause can not be transferred to the plaintiff.
Ultimately, since the lawsuit of this case is unlawful because there is no benefit of protection of rights, it is so decided as per Disposition.