(영문) 서울중앙지방법원 2020.02.13 2019가단5244136

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(영문) 서울중앙지방법원 2020.02.13 2019가단5244136

구상금

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1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit

(2) The Plaintiff filed a lawsuit against the Defendants claiming the payment of the indemnity amount (hereinafter “previous lawsuit”) under Articles 1 through 205Da74764, Apr. 14, 2006 (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The Plaintiff filed a lawsuit against the Defendants for the payment of the indemnity amount under Articles 1 through 1784316 of this Court (hereinafter “previous lawsuit”). The decision of performance recommendation as to Defendant B became final and conclusive as to Defendant A’s claim on December 1, 2009, and the said court rendered a favorable judgment as to the Plaintiff on Jan. 29, 2010 and rendered it final and conclusive as of Feb. 20, 2010; Defendant A continuously repaid the Plaintiff’s reimbursement of the indemnity amount that became final and conclusive by December 13, 2017; the Plaintiff may recognize the same fact as the claim for the extension of the extinctive prescription amount of the previous lawsuit.

According to the above facts, the ten-year statute of limitations after December 13, 2017, which is the last repayment date, will newly run. Therefore, it cannot be deemed that the ten-year statute of limitations as of the date of closing the argument in this case is imminent.

Therefore, the lawsuit of this case filed by the plaintiff who has already received a favorable judgment is unlawful as there is no benefit of protection of rights.

Therefore, the plaintiff's lawsuit against the defendants is dismissed, and it is so decided as per Disposition.

유사 판례

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