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(영문) 부산지방법원동부지원 2019.09.26 2019가합101563
양수금
Text

1. The defendant shall pay 74,992,596 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

Comprehensively taking account of the purport of the arguments in the evidence Nos. 1 through 3, the Credit Guarantee Fund filed a lawsuit against the defendant, etc., who is the debtor Eul and joint and several sureties, as Seoul Central District Court 2008Kadan405893, and the above court rendered a judgment against the defendant on March 31, 2009 that "the defendant shall pay KRW 74,992,596 out of KRW 304,306,012 jointly and severally with the defendant," and the above judgment became final and conclusive on April 17, 2009, and ② the Credit Guarantee Fund transferred the above judgment claim (hereinafter referred to as "claim of this case") to the plaintiff on September 25, 2014 pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. and the Establishment of Korea Asset Management Corporation and notified the defendant of the transfer of the above claim at that time. Thus, the defendant shall be liable to pay KRW 74,992,596,96.

In regard to this, the defendant alleged that he did not know the amount of the debt at the time of the joint and several guarantee related to the claim of this case, and that the guarantee period has expired. Thus, in case where the party who received the final and conclusive judgment in favor of this case files a lawsuit against the other party for the same claim as that of the final and conclusive judgment in favor of the other party, the judgment of the subsequent suit does not conflict with the contents of the final and conclusive judgment in favor of the previous suit. Thus, the court of the subsequent suit cannot re-examine whether all the requirements to assert the established right are satisfied, and the grounds for the defendant's assertion conflict with the contents of the final and conclusive judgment

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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