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(영문) 서울중앙지방법원 2017.12.13 2017가단5202268
양수금
Text

1. Of the instant lawsuit, part of the claim against Defendant A, as indicated in the attachment No. 1, 3, 5, 6, and Defendant B.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each statement in Gap evidence No. 1-15, the facts constituting the grounds for the claim and the final executive title of each claim, and the date of the final judgment can be acknowledged as indicated in the following table.

Seoul High Court Decision 2012Da49590 Decided June 29, 2012, Daejeon District Court Decision 12,54,774 won 21,90,034 won, Daejeon High Court Decision 2012Da49590 decided June 29, 2012, 207 207Da2317236,087 decided November 22, 2007, 207Da231724 decided December 27, 2007; 207Da31724 decided December 27, 2007; 207Da31724 decided December 27, 207, 207 203Da381486 decided December 28, 2012

2. We examine ex officio the judgment prior to the merits of the instant lawsuit concerning claims Nos. 1, 3, 5, and 6 in the separate sheet No. 1, 3, 5, and 6.

A new suit concerning a subject matter of lawsuit identical with a final and conclusive judgment is not allowed as there is no benefit of protection of rights, barring special circumstances, such as interruption of prescription, and a successor to a party may enforce compulsory execution by obtaining an succeeded execution clause

The plaintiff is a creditor who has taken over each of the above claims from each financial institution. Since the period of extinctive prescription of each of the above claims remains at least four years as of the date of the closing of argument in this case, there is no benefit

3. Determination on the merits

A. According to the above facts of recognition as to the cause of the claim, Defendant A shall principal and interest on the Plaintiff’s claims Nos. 2 and 4 as indicated in the annexed cause of claim.

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