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(영문) 서울중앙지방법원 2016.08.31 2015나51141
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. Of the instant lawsuit, the Plaintiff Company against the Defendant.

Reasons

1. The Plaintiff claimed against the Defendant for the payment of the amount of money taken over from Hyundai Capital Bank, the National Bank of Korea, and the SBA three Savings Bank. The court of first instance accepted the claim for the amount of money taken over from Hyundai Capital Bank, the National Bank of Korea, and the claim for the amount of money taken over from the National Bank of Korea, and the claim for the amount of money taken over from SBA three Savings Bank was dismissed.

Therefore, only the plaintiff appealed to the part of the claim for the amount of money taken over from the three savings banks of SBA, and the scope of the judgment on the party is limited to the claim for the amount of money taken over from the three savings banks of SBA against the defendant.

2. Since the judgment in favor of the Plaintiff against the Defendant rendered a final and conclusive judgment that became final and conclusive as to whether the part concerning the claim for the amount of money transferred from the Plaintiff’s three savings bank became lawful, where the party who received the final and conclusive judgment in favor of the Defendant files a lawsuit against the other party of the previous suit identical to the final and conclusive judgment in favor of the former suit, the latter

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

(2) In light of the purport of each of the statements and arguments set forth in the following subparagraphs: (a) Cho Heung Bank Co., Ltd. lent KRW 20 million to the Defendant on March 12, 2003 (hereinafter “the instant claim”); (b) on August 14, 2004, the Choung Bank transferred the instant claim to the Specialized Asset-backed Securitization Co., Ltd. (hereinafter “CB”), and (c) around August 2004, the transfer of the instant claim to the Specialized Asset-backed Securitization Co., Ltd. (hereinafter “CB”), and (d) the Choung Bank transferred the instant claim to the Specialized Asset-backed Securitization Co., Ltd. (hereinafter “CB”).

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