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(영문) 수원지방법원안양지원 2016.09.28 2016가단3254
확정판결금
Text

1. The defendant shall pay KRW 100,000,000 to the intervenor succeeding to the plaintiff.

2. The plaintiff's claim is dismissed.

3...

Reasons

1. Determination on the claims of the Plaintiff’s succeeding intervenor

A. On October 18, 2005, a good mutual savings bank (hereinafter “good mutual savings bank”) was rendered a judgment with the Seoul Central District Court Decision 2004Gahap94896 that “the Defendant shall pay KRW 100,000 to the Plaintiff” (hereinafter “the final judgment of this case”), and the above judgment became final and conclusive as it is. 2) The Plaintiff was appointed as a bankruptcy trustee of a good mutual savings bank (adjudication of bankruptcy on July 26, 2007). On December 10, 2015, the Plaintiff transferred the Defendant’s claim against the Defendant to the Intervenor succeeding to the Plaintiff and notified the Defendant of the transfer of the claim at that time.

3. As the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit on March 15, 2016, the Defendant is obligated to pay the final and conclusive amount to the Plaintiff’s succeeding intervenor.

(b) Article 208 (3) 2 of the Civil Procedure Act: Judgment based on the recommendation of confession;

2. The plaintiff filed a claim against the defendant for money based on the final judgment of this case, but the plaintiff transferred the above claim to the plaintiff's successor during the lawsuit of this case to the plaintiff's successor. Thus, the plaintiff's claim is dismissed as it is groundless.

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