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(영문) 서울중앙지방법원 2019.05.15 2019가단5010678
구상금
Text

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 has res judicata effect, where a party who has received the final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit identical to the previous suit in favor of one party to the previous suit, the subsequent suit

However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is a benefit in a lawsuit for the interruption of prescription.

(1) In light of the records and arguments of this case, the court’s judgment on the claim amount case between the Plaintiff and the Defendants becomes final and conclusive on September 17, 2008, and the lawsuit of this case was filed on January 16, 2019, after the ten-year extinctive prescription expires from the date the above judgment became final and conclusive. In light of the overall purport of the records and arguments of this case, it is evident that the lawsuit of this case was filed on January 16, 2019, after the ten-year extinctive prescription expires from the date the above judgment became final and conclusive.

Therefore, the lawsuit of this case is unlawful because there is no benefit of protecting the rights, and it is so decided as per Disposition by the assent of all participating Justices.

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