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(영문) 서울중앙지방법원 2016.06.28 2015가단5199771
양수금
Text

1. The instant lawsuit taken over from Hyundai Capital Co., Ltd., Samsung Card Co., Ltd., and lot card Co., Ltd.

Reasons

1. Ex officio determination as to the legitimacy of the part of the claim that was transferred from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”), Samsung Card Co., Ltd. (hereinafter “Madern Card”), and Culture Card Co., Ltd. (hereinafter “Slun Card”) in the instant lawsuit

A. Since a final and conclusive judgment in favor of a party has res judicata effect, where the said party who received the final and conclusive judgment in favor of the said party files a lawsuit against the other party to the previous suit identical to the claim in the previous suit in favor of the said party, the subsequent suit is unlawful as there is no benefit in the protection of rights. 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, the benefit in the lawsuit is recognized only for the interruption of extinctive prescription (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 206). A final and conclusive judgment, other than the relevant party, has effect on a successor subsequent to the closure of pleadings (Article 218(1) of the Civil Procedure

B. In full view of the purport of the entire pleadings, the following facts may be acknowledged in each entry of Gap evidence Nos. 5 through 10 (including each number):

① In the case of a claim that the Plaintiff acquired from Hyundai Capital Capital Capital (attached Form 3), Hyundai Capital, the transferor of the claim, applied for a payment order against the Defendant for the payment of the above claim on November 26, 2010, but was transferred to the litigation proceedings under the Incheon District Court Branch Branch Branch Decision 2010 Ghana8671, and was sentenced to a judgment in full winning on February 18, 201, and the said judgment became final and conclusive on March 10, 2011.

② In the case of a claim that the Plaintiff acquired from Samsung Card (Attached Claim List Nos. 6), Samsung Card, the transferor of the claim, applied for a payment order seeking payment of the above claim on January 17, 201, but was transferred to the litigation proceedings under Incheon District Court Branch Branch Decision 2011No30914, Sept. 2, 201.

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