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(영문) 서울중앙지방법원 2015.10.21 2014가단5107942
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 96,411,521 as well as KRW 20,836,172 as well as KRW 20,836,172 as well.

Reasons

1. Claim against Defendant A, B, and E

A. The Plaintiff’s claim indicated in the claim was filed against the Defendants on June 22, 2004 with a favorable judgment rendered on June 22, 2004, which was rendered in favor of the Defendants, and filed a claim for the interruption of extinctive prescription against the principal and interest claim based on a final and conclusive judgment rendered at that time (the sum of principal and interest paid up to April 2, 2014 according to the final and conclusive judgment shall be KRW 96,411,521 (the sum of principal and interest paid up to April 2, 2014), and KRW 32,137,173 ( principal and interest KRW 6,945,390 and interest KRW 25,191,783). The sum of principal and interest paid up to April 2, 2014 shall be KRW 96,411,521 (the sum of principal and interest paid up to April 2, 2014) and KRW 75,349).

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

3. Claim against Defendant C and D

A. Comprehensively taking account of the purport of each of the statements in Gap's evidence Nos. 1 and 4 against the plaintiff, the plaintiff was awarded a favorable judgment against the defendants on June 22, 2004 that "the plaintiff shall pay to the plaintiff the amount calculated at the rate of 19.5% per annum from June 4, 2003 to June 4, 2003, that "the amount calculated at the rate of 19.5% per annum from June 4, 2003 to June 4, 2003, the plaintiff's judgment became final and conclusive on June 22, 2004, "the plaintiff shall be jointly and severally with defendant C, Eul, and Eul, within the scope of 21,66,66 won and each of 17,46 won and 6,945,390 won and each of them shall be deemed to be the principal and interest of the plaintiff's defendant C, defendant D under the above final judgment, and the principal of the plaintiff's claim No. 1 and the principal of the plaintiff

Since a final and conclusive judgment in favor of the parties has res judicata effect, the parties cannot file a new suit based on the same subject matter of lawsuit as the final and conclusive judgment in principle, however, there are special circumstances such as interruption of prescription.

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