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(영문) 서울중앙지방법원 2019.07.11 2019가단5012872
양수금
Text

1. The claim portion of the lawsuit in this case acquired by C from C is dismissed.

2. The defendant shall make the plaintiff 3,201.

Reasons

The grounds for the plaintiff's claim against the defendant of the claim are as shown in the attached Form "Grounds for Claim."

Attached Form

The claim Nos. 1 and 2 of “the cause of the claim” (hereinafter in this case “claim Nos. 1 and 2”) of the Claim List Nos. 2 and the claim Nos. 1 and 2 is lawful, ex officio, whether the claim for acquisition of the money is legitimate or not. The other claim by the Plaintiff is specified in the same manner).

According to the evidence No. 6-1 and No. 7 of this case’s claim No. 1, it is acknowledged that the Plaintiff received a final judgment against the Defendant on September 28, 2010 as Busan District Court Decision No. 2010Da89784, Sept. 28, 2010.

Unless there exist special circumstances, such as interruption of prescription, filing a new suit concerning the same subject matter of lawsuit as the above final and conclusive judgment shall not be permitted as there is no benefit of protection of rights. However, it cannot be deemed that the extinctive prescription period has expired as of the date of

According to the evidence No. 6-2 of this case’s claim No. 2, it can be acknowledged that the Plaintiff received a payment order against the Defendant, which became final and conclusive on January 20, 2012, from the Busan District Court Decision 201Hu4259, supra.

Unless there exist special circumstances, such as interruption of prescription, filing a new suit concerning the same subject matter of lawsuit as the above established payment order shall not be permitted as there is no benefit of protection of rights. However, it cannot be deemed that the extinctive prescription period has expired as of the date of closing argument

Therefore, the part concerning the claim Nos. 1 and 2 among the lawsuit of this case is unlawful as there is no benefit of protection of rights, without considering any further need.

The facts, except for the portion of the claim No. 1 and No. 2 in the separate sheet of the facts of recognition of the merits, are either the dispute between the parties or the evidence No. 1 through 5, No. 6-3 and No. 9 (including the branch numbers, if any).

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