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(영문) 서울남부지방법원 2020.09.02 2020가단221284
양수금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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 has res judicata effect, where a party to whom a final and conclusive judgment in favor of one party has become final and conclusive files a lawsuit again against the other party to the previous suit, the subsequent suit is inappropriate as there is no benefit in the protection of rights, barring special circumstances, such as interruption of prescription, and a person who succeeds to the relationship of rights which is the subject matter of a lawsuit after the closing of pleadings may enforce compulsory execution by obtaining the

According to the Plaintiff’s argument, the Plaintiff’s claim was transferred from D Co., Ltd., which was sentenced to the same judgment in 2019 against the Defendants as Seoul Central District Court Decision 2018Da524937, and it is evident that the transferee was the transferee after the closing of argument.

Therefore, the plaintiff can enforce compulsory execution against the defendants by obtaining an execution clause to succeed to the above final judgment. In addition, the claim of this case has not yet arrived at the expiration of ten years since the period of the statute of limitations has been extended due to the final and conclusive judgment. Thus, it is not necessary for the plaintiff to bring a lawsuit against the defendants for the claim for the amount of transfer proceeds of this case again.

Therefore, the plaintiff's lawsuit against the defendants is dismissed as it is unlawful because there is no benefit of protection of rights.

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