logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.19 2015나33056
양수금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts: ① the Defendant used a credit card issued by a foreign exchange credit card company (hereinafter “foreign exchange card”) from around July 13, 2001 to around May 29, 2002; ② the payment of the card amount of KRW 1,591,780 as of May 29, 200; ② the foreign exchange card is in arrears with the Defendant’s claim against the Defendant for the payment of the above card amount under the court No. 2002Da180351, April 4, 2003; ③ the said judgment became final and conclusive around that time upon receiving a favorable judgment from the Defendant on April 13, 2003; ③ the said credit card amount was transferred to the ice Limited Company around April 30, 2003; ⑤ the fact that the Defendant transferred the credit card amount of KRW 1,591,780 as of May 29, 200; and ④ the fact that the Defendant transferred the above credit card amount to the Plaintiff by acquiring the claim against each of Incheon Mutual Savings Bank (hereinafter “15”).

2. Since a final and conclusive judgment in favor of a final and conclusive judgment regarding the lawfulness of the instant lawsuit has res judicata effect, where a party who has received a final and conclusive judgment in favor of the other party to the instant lawsuit files a lawsuit against the other party to the instant lawsuit identical to the previous suit in favor of the said party, the subsequent suit is unlawful in principle as there is no benefit in the protection of rights. In exceptional cases where it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is benefit in the lawsuit for interruption of prescription (see Supreme Court Decision 2005Da74764, Apr. 14, 2006).

arrow