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(영문) 서울중앙지방법원 2017.02.07 2016가단128382
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts as the cause of the claim of this case as shown in the attached Form. The plaintiff's judgment on the legitimacy of the lawsuit of this case is examined.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in a case where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). A final and conclusive judgment, other than the parties, also becomes effective against a successor subsequent to the closure of pleadings (see, e.g., Article 218(1) of the Civil Procedure Act). A transferee of a pecuniary claim of a judgment ordering monetary payment after the closure of pleadings constitutes the

In full view of the overall purport of the arguments in each statement of evidence Nos. 1 through 7 (including the number of branch numbers), the following facts are as follows: ① The credit transaction agreement between the non-party newly established mutual savings and finance company and the non-party newly established mutual savings and finance company B (hereinafter “B”) on May 2, 1998 (credit items: KRW 300,000: KRW 30,000,000: KRW 30,000: on May 1, 1999; interest rate in arrears: 30% per annum; the credit transaction agreement as determined by the credit cooperative; the defendant guaranteed the debt under the above credit transaction agreement on the same day; the above new mutual savings and finance company and the above new mutual savings and finance company leased the above face value (hereinafter “bonds of this case”); ② The debtor who acquired the bonds of this case to the non-party newly established mutual savings and finance company as the bankrupt credit safe on May 29, 1993.

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