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1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
In the lawsuit of this case.
Reasons
1. Among the lawsuit in this case, the judgment of winning ex officio to determine the legitimacy of the claim portion of the corporate bank card loan loan, one bank card payment, and one bank card loan loan payment, and the judgment of winning ex officio to determine whether the claim portion is legitimate, in case where the party who has received the judgment of winning the lawsuit again files a lawsuit against the other party to the lawsuit identical to the final and conclusive judgment of winning the lawsuit, the subsequent lawsuit is unlawful as there is no benefit of protecting the rights (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). The plaintiff filed a lawsuit against the defendant on December 14, 2006 against the defendant as the corporate bank credit card loan loan loan loan 2006Da16583, Sep. 12, 207, the judgment of winning the entire judgment of the court of first instance, and one of the claim portion, which became final and conclusive on Nov. 3, 2007, the plaintiff and the company credit card bank's interest in the claim portion, one of this case.
(B) In the instant lawsuit, even if the part of the claim for a corporate bank card loan, one bank card payment, and one bank card credit card loan claim is selected as a lawsuit for the interruption of extinctive prescription, there remains more than two years and nine months from the date of the closing of argument in the instant case until the expiration of the extinctive prescription period of the claim based on the said final judgment, and thus, it cannot be deemed that the ten-year extinctive prescription period of the claim based on the final judgment has expired, and thus, the interest in the lawsuit is not recognized)
A. Basic facts (1) On December 21, 2001, the Defendant entered into a credit card loan agreement with Samsung Card Co., Ltd. (hereinafter “Tsung card”) and borrowed KRW 15,930,000.
(2) Samsung Card is a 2005.