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(영문) 서울북부지방법원 2017.10.20 2016가단152117
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On April 24, 2001 and September 25, 2002, the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank of Korea”) lent a total of KRW 100,000,000 to Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) under the joint and several sureties by Defendant B (hereinafter referred to as the “Defendant Company”).

(hereinafter referred to as “instant loan, etc.”). B.

The above bank shall file a lawsuit for the claim for the above loan, etc. with the Seoul Central District Court 2005da46866, and on September 13, 2005, "the judgment of the court below in favor of all the following contents in relation to the loan of this case".

The above judgment was finalized on October 7, 2005. The defendant company received the amount calculated by the ratio of 109,975,066 won and 18% per annum from January 31, 2005 to May 28, 2005, and 20% per annum from the next day to the date of full payment. The defendant paid the above amount within the limit of 120,000,000 won jointly and severally with the defendant company. The above loan claims were 30,000,000,0000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00.

2. Ex officio determination

A. A final and conclusive judgment shall also take effect on a successor subsequent to the closure of pleadings, in addition to the parties (Article 218(1) of the Civil Procedure Act). The transferee of a monetary claim of a judgment ordering monetary payment after the closure of pleadings also constitutes the above successor.

However, since a final and conclusive favorable judgment has res judicata effect, the parties who received the final and conclusive judgment of winning (including their successors) are based on the final and conclusive judgment.

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