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1. Of the instant lawsuit, the part of the claim as to the claim No. 6 No. 1 in the table in the annexed cause of claim shall be dismissed.
2...
Reasons
1. We examine the legality of the part concerning the claim concerning the claim No. 6 in the table No. 6 in the annexed claim cause among the instant lawsuit (hereinafter “instant claim No. 6”). ex officio, the legality of the part concerning the claim concerning the instant claim No. 6 in the instant lawsuit is examined.
Comprehensively taking account of the purport of Gap evidence 3-1 and 2's statement, since the same social company, the transferor of credit, filed a lawsuit against the defendant on May 14, 2008 against the defendant as Seoul Central District Court Decision 2007Kaso2356857, which was sentenced in favor of the above judgment on June 24, 2008, it can be acknowledged that the above judgment became final and conclusive on June 24, 2008, the plaintiff's claim for this part as the transferee of credit, has no interest in protecting rights, and is unlawful
(2) Determination as to the claim against the claim Nos. 1 through 5 of the table of the cause of the claim (hereinafter “instant claim Nos. 1 through 5”) in the instant lawsuit
A. The facts alleged in this part of the grounds for the claim in the attached Form No. 1, No. 2, 4, and 7 (including serial numbers) are not disputed between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining principal and interest of 46,213,146 won and delay damages calculated at the rate of 17% per annum from October 7, 2015 to the date of full payment of the principal and interest of 21,74,220 won.
B. The defendant's defense is defense that the plaintiff's 1 to 5 claims acquired by the plaintiff were extinguished due to the expiration of the extinctive prescription.
First, in full view of the above facts, we examine the part concerning the claim 1 of this case, and the purport of the entire argument as to the above evidence, our bank, which is the transferor of claim.