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(영문) 광주지방법원 2017.10.24 2017가단512356
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts as the cause of the claim of this case as shown in the attached Form, and ex officio, we examine the legitimacy of the lawsuit of this case.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in a case where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, 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, there is benefit

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). A final and conclusive judgment, other than the parties, also becomes effective against a successor subsequent to the closure of pleadings (see, e.g., Article 218(1) of the Civil Procedure Act). A transferee of a pecuniary claim of a judgment ordering monetary payment after the closure of pleadings constitutes the

In full view of the overall purport of the arguments in the statement in Gap evidence Nos. 1 through 4 (including the number of each branch number), the Ulsan Frand Credit Union was appointed as the bankruptcy trustee on March 26, 2004, and the Korea Deposit Insurance Corporation (hereinafter referred to as the "Korea Deposit Insurance Corporation"), and the Korea Deposit Insurance Corporation (hereinafter referred to as the "Korea Deposit Insurance Corporation") won under the joint and several guarantee of defendant C and D, 39,000,000 won per annum, the agreed interest rate of 30% per annum, interest rate of delay interest rate of 60% per annum, due date of payment on June 22, 2002. The Ulsan Flud Credit Union (hereinafter referred to as the "Korea Deposit Insurance Corporation") was decided on June 26, 200 and decided on May 27, 2007 by filing a lawsuit against the defendants under the final judgment of the court below against the defendant No. 2006dan4694, May 27, 2007.

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