(영문) 서울남부지방법원 2018.11.30 2018가단204811

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.11.30 2018가단204811

양수금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 as well as 15% per annum from August 12, 2005 to the date of full payment.

Reasons

1. In full view of the purport of the argument in Gap evidence No. 6, the plaintiff (the former trade name: Solomon Co., Ltd.) filed a lawsuit against the defendants with the Seoul Western District Court Decision 2007Kadan40232, Nov. 23, 2007; "the defendant shall jointly and severally pay to the plaintiff 1,00,000 won and the amount of money calculated at the rate of 20% per annum from July 23, 2005 to the day of full payment; Defendant D shall be paid within the limit of 1,300,000,000 won; Defendant C shall be paid within the limit of 1,000,000 won; the above judgment became final and conclusive at that time; the plaintiff filed the lawsuit for extension of the prescription period of the claim in this case with the judgment of this case on Sep. 14, 2017.

2. Determination

A. Judgment on Defendant D by public notice (Article 208(3)3 of the Civil Procedure Act)

B. According to the above facts, the Defendants jointly and severally paid to the Plaintiff KRW 100,000,000 as well as KRW 20% per annum from July 23, 2005 to the date of full payment. Defendant D is obligated to pay up to KRW 1,300,000 to Defendant C, and Defendant C is obligated to pay up to KRW 1,00,000 to the extent of KRW 1,30,000,000. 2) As to this, Defendant A and C are not liable for joint and several liability, and the Plaintiff’s claim for the amount of money transferred to the Plaintiff is ten years from the date of the transfer of the claim is already extinguished due to the completion of prescription. Therefore, the Plaintiff’s claim cannot be complied with.

On the other hand, since a final and conclusive favorable judgment has res judicata effect, the parties cannot file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, in principle, or in exceptional circumstances, such as the interruption of prescription, a new suit shall be exceptionally allowed. In such cases, the judgment of the new suit shall be the final and conclusive judgment in favor of the previous suit.

참조조문

-민사소송법 제208조 제3항 제3호

유사 판례

-부산지방법원 2019.09.04 2019가합45193

-서울중앙지방법원 2020.10.16 2019가합514233

-서울중앙지방법원 2015.02.11 2014가합56169

-서울중앙지방법원 2015.12.02 2015가단108237

-서울중앙지방법원 2018.06.04 2017가단5171371