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(영문) 서울중앙지방법원 2017.05.17 2017가단5034281
양수금
Text

1. The loan section No. 2 in the separate sheet No. 1 of the instant lawsuit shall be dismissed.

2. The defendant shall make the plaintiff 51,573.

Reasons

1. In full view of the purport of the entire pleadings, the facts as indicated in the grounds for appeal Nos. 1 through 6 can be acknowledged.

2. An ex officio loan No. 2 of the judgment prior to the merits (attached Form No. 2) is examined as to the loan No. 2 of the attached Form No. 2 in the instant lawsuit.

According to the statement in Gap evidence No. 6, the Seoul Guarantee Insurance Co., Ltd. was ruled in favor of the defendant in the Seoul Central District Court case No. 2013Da5194684, Jun. 21, 2013 that "the defendant shall pay 10,98,081 won and damages for delay to the Seoul Guarantee Insurance Co., Ltd." and the above judgment becomes final and conclusive on July 20, 2013.

A new suit concerning the same subject matter as the above final and conclusive judgment is not allowed as there is no benefit of protection of rights, barring special circumstances, such as interruption of prescription, and a successor to a party may also enforce compulsory execution by obtaining a succession execution clause.

The plaintiff is a creditor who has acquired the above bonds from the Seoul Guarantee Insurance Co., Ltd., and the extinctive prescription period of the above bonds remains for not less than six years as of the date of the closing of argument in this case.

Therefore, the above part of the lawsuit of this case is unlawful.

3. Determination on the merits (attached Form 1 loans)

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money as stated in Paragraph (2) of the attached Form 1 with respect to the loan No. 1.

B. The defendant's assertion that the defendant's claim is unreasonable since the defendant did not know the fact of the assignment of claims, and the creditors did not actively exercise their rights to recover claims, and the plaintiff's claim is not reasonable.

According to the evidence No. 2 and No. 3, the Seoul Guarantee Insurance Co., Ltd. (Gu's Mutual Guarantee Insurance Co., Ltd.) shall file a claim with the plaintiff on June 28, 2013.

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