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(영문) 서울남부지방법원 2020.09.02 2020가단226517
양수금
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 has res judicata effect, where a party to whom a final and conclusive judgment in favor of one party has become final and conclusive files a lawsuit again against the other party to the previous suit, the subsequent suit is inappropriate as there is no benefit in the protection of rights, barring special circumstances, such as interruption of prescription, and a person who succeeds to the relationship of rights which is the subject matter of a lawsuit after the closing of pleadings may enforce compulsory execution by obtaining the

As a result of the Plaintiff’s argument, it is evident that the Plaintiff acquired the claim from C Co., Ltd., which was sentenced to the same judgment in 2016 against the Defendant, from the Seoul Central District Court 2016Da5126459, and is the assignee after the closing of argument.

Therefore, the plaintiff can enforce compulsory execution against the defendants by obtaining an execution clause to succeed to the above final judgment, and the claim of this case has not yet arrived at the expiration date due to the extension of ten years due to the final and conclusive judgment of this case. Thus, it is not necessary for the plaintiff to bring a lawsuit against the defendant for the claim for the transfer money of this case with the same contents.

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