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1. Of the instant lawsuit, KRW 29,204,397, total amount of the principal of the bonds acquired by transfer from C Co., Ltd. and D Co., Ltd. and its corresponding amount.
Reasons
1. Basic facts
A. The Defendant received each loan from C Co., Ltd., E Co., Ltd., D Co., Ltd. (hereinafter “C”), E Co., Ltd., and D Co., Ltd. (hereinafter “E”, “D”) as indicated in the following specification of claims, but did not pay the principal and interest thereof. The unpaid debt balance as of March 24, 2019 is as listed below.
C E D
B. On June 21, 2013, the Plaintiff acquired each of the claims against the Defendant from the financial institutions in this case, and notified the Defendant of the transfer of each of the above claims on or before June 23, 2014 with the delegation of the notification of transfer from the financial institutions in this case.
C. Meanwhile, at the time of the above loan, the defendant decided to follow the overdue interest rate set by the financial institution of this case, and the overdue interest rate set by the plaintiff is 15% per annum.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 4 through 6, the purport of whole pleadings
2. Determination as to the benefit of a lawsuit
A. The Defendant’s assertion that the financial institution of this case received a favorable judgment against the Defendant, and became final and conclusive, and the Plaintiff, as a successor after the closing of argument, has the effect of the above favorable judgment, so there is no benefit of lawsuit.
B. Article 165(1) of the Civil Act provides that, even if a claim established by a judgment falls under the short-term extinctive prescription, the period of extinctive prescription shall be ten years. Thus, once the existence of a claim becomes final and conclusive by a final and conclusive judgment, the period of extinctive prescription was changed to ten years.
Since a final and conclusive judgment in favor of a party has res judicata effect, if the party who received the final and conclusive judgment in favor of the party files a lawsuit against the other party for the same claim as that of the final and conclusive judgment in favor of the party, the subsequent lawsuit is unlawful as
However, the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent.