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(영문) 서울중앙지방법원 2016.05.11 2015가단5369754
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 248,34,448 as well as KRW 50,00,000 among them, from November 9, 2015 to the day of full payment.

Reasons

1. The facts in the separate sheet No. 1 and No. 11 can be acknowledged in full view of the overall purport of the pleadings. Thus, the defendant is obligated to pay the money recorded in the order to the plaintiff.

2. The defendant's loan or guarantee document was forged, and the extinctive prescription for the amount of credit of this case claimed by the plaintiff has already been completed. However, the lawsuit of this case is aimed at preventing the expiration of the extinctive prescription based on the judgment which became final and conclusive on January 12, 2006 (the Ulsan District Court Decision 2005Gahap9247 delivered on December 22, 2005). Thus, as long as the existence and amount of credit against the defendant is determined in the above final and conclusive judgment, the lawsuit of this case brought for the interruption of the extinctive prescription cannot be reviewed again, as long as the existence and amount of the credit against the defendant are determined in the above final and conclusive judgment, the existence of the loan or joint and several surety and the authenticity of the disposal document of the defendant, which are the legal requirements which affect the printing power of the previous lawsuit, and in order to dispute the legal relationship of the previous suit in the subsequent suit, the res judicata has to be extinguished as to the final and conclusive judgment. In this case, the court has no other judgment.

Defendant’s assertion is not accepted.

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