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(영문) 서울중앙지방법원 2017.05.19 2016나79054
양수금
Text

1. Of the judgment of the court of first instance, the Plaintiff acquired Samsung Life Insurance Co., Ltd. from Samsung Life Insurance Co.

Reasons

1. The first instance court rejected the Plaintiff’s claim for the performance of the “securities security loan claim (Account Number C”) that the Plaintiff acquired from Samsung Bio-resources,” and accepted the Plaintiff’s claim for the performance of the “credit card loan claim that the Plaintiff acquired from Samsung Card Co., Ltd., and dismissed the instant claim for the performance of the instant claim.

In this regard, the plaintiff only appealed against the dismissal of the claim among the judgment of the court of first instance, and thus, the subject of the judgment is limited to the performance claim of this case.

2. In 2010, Samsung Bio-resources filed a loan lawsuit against the Defendant, which included the claim for the performance of the instant claim (hereinafter “previous Claim”) with the Seoul Central District Court Decision 2010 Ghana860428.

On December 29, 2010, the above court sentenced Samsung Bio-resources to the effect that “the Defendant shall pay to Samsung Bio-resources the amount of KRW 6,953,177 and KRW 5,500,00 (the amount of the securities security loan loan in account number C) from March 30, 206; and KRW 377,000 (the principal of the claim in this case) from June 30, 2006 to the date of full payment (hereinafter “previous judgment”).”

The previous judgment was finalized on February 9, 2011.

Samsung Bio-resources transferred the instant bonds to the Plaintiff on June 21, 2013, and notified the Defendant on June 23, 2013 and delivered the notification to the Defendant around that time.

As of July 11, 2016, the instant claim became KRW 645,577,00 in total, including the remaining principal amount of the loan and KRW 377,00 in total and KRW 268,577 in delay damages incurred until the loan was made.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 3-1, and Evidence No. 4, and the purport of the whole pleadings

3. We examine ex officio the legality of the suit.

A. Since a final and conclusive judgment in favor of one party has res judicata effect, the party against whom the final and conclusive judgment in favor of one party in favor of the other party in the previous lawsuit files a lawsuit identical to the previous judgment in favor of the other party

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