양수금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the record as to the legitimacy of the subsequent appeal, the court of first instance rendered a judgment in favor of the Plaintiff on July 13, 2016, after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc. by public notice, and served the original copy of the judgment to the Defendant by public notice.
After that, the Defendant was issued a certified copy of the judgment on September 7, 2016 by filing an application for perusal and duplication on September 7, 2016, and the Defendant was aware that the first instance judgment was rendered by service by public notice.
The appeal filed by the defendant on September 7, 2016, which was within 14 days from the above, is lawful as satisfying the requirements for subsequent completion of procedural acts.
2. Since a judgment in favor of the party in favor of which a final and conclusive judgment in favor of the case became final and conclusive has res judicata effect, where the party in favor of the case files a lawsuit against the other party in favor of the previous suit for the same claim as that of the final and conclusive judgment in favor of the former
However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of the claim based on the final judgment has expired, there is a benefit in the lawsuit for the interruption of prescription.
(2) In light of the following facts: (a) The Bank of Korea (hereinafter “the instant claim”) transferred the instant claim to the ABF Capital Co., Ltd. on May 27, 2008 (hereinafter “BFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFE