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(영문) 부산지방법원 2018.12.19 2016가합2089
대여금 등
Text

1. Of the instant lawsuit, the primary and conjunctive claims against the Selection E and F Co., Ltd. are respective.

Reasons

1. The Plaintiff, as to the defense prior to the merits of Defendant B Co., Ltd., the Plaintiff: (a) invested or lent a total of KRW 10 million with Defendant B Co., Ltd. (hereinafter “Defendant B”); (b) KRW 30 million (Appointed E); (c) six months of the investment period or the due date for payment; and (d) the profits or interest accrued at the rate of 5% per month; and (c) Defendant B did not pay the above principal and interest accrued therefrom even though the investment period or the due date has expired; and (d) Defendant B did not pay the above principal and interest accrued therefrom, the Plaintiff primarily sought from the said designated parties; and (d) the amount of the loan and the accrued interest accrued therefrom.

In this regard, Defendant B has already received a final and conclusive judgment in favor of the aforementioned designated parties in relation to this part of the claim, so the Plaintiff’s claim on this part is unlawful as it violates the res judicata effect of the judgment in the previous suit.

On the other hand, since a final and conclusive judgment in favor of the party has res judicata effect, where the party who received the final and conclusive judgment in favor of the party files a suit against the other party for the same claim as the previous suit in favor of the final and conclusive judgment, the subsequent suit is unlawful as there is no benefit

Pursuant to the above legal principles, comprehensively taking account of the overall purport of the arguments in the Health Team and the Evidence Nos. 1 and 2 (including each number, if the number is not indicated; hereinafter the same shall apply) as to the instant case, the Selection E and F may be acknowledged as having become final and conclusive as it is, by filing a lawsuit against the Defendant B seeking payment of KRW 10 million and KRW 30 million paid as the source of investment or loan, as the source of loan, and damages for delay (the Busan District Court Decision 2015Da117158 (Appointed E), Busan District Court Decision 2015Da72916 (Appointed F), and each of the above courts rendered a favorable judgment.

According to the above facts of recognition, the plaintiff's claim against the defendant B for this part.

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