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(영문) 서울중앙지방법원 2017.07.19 2016가단5224896
양수금
Text

1. Of the instant lawsuit, the creditor financial institution’s Samsung Bio-resources indicated in the annexed claim shall be dismissed.

2. The defendant.

Reasons

1. We examine the legitimacy of the part of the creditor financial institution Samsung Bio-resources (principal KRW 20,598,254) as stated in the separate sheet among the instant lawsuit ex officio in the determination of this safety.

According to the statement in Gap evidence No. 8, Samsung Life Insurance Co., Ltd., upon receiving the ruling of the Incheon District Court on February 20, 2012, 201Kadan10288, it can be recognized that the above ruling became final and conclusive on March 14, 2012.

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 acquired the above claim from Samsung Life Insurance Co., Ltd., and the period of extinctive prescription of the above claim remains five years as of the date of closing argument of this case, so there is no benefit of protection of rights.

2. Judgment on the merits

A. In full view of each of the statements in Gap evidence No. 1-7 and Gap evidence No. 9 as to the cause of the claim, the facts in the separate sheet can be acknowledged. Thus, the defendant is obligated to pay the plaintiff the money set forth in Paragraph 2 of the Disposition.

B. The defendant asserts that since the claim of this case occurred before September 6, 2004, the extinctive prescription cannot be completed and the plaintiff's claim cannot be accepted.

However, comprehensively taking account of the overall purport of the arguments in evidence Nos. 6 and 7, ① the real estate auction procedure has been initiated with the Suwon District Court as C with respect to land Nos. 402 of the 4th floor (hereinafter “instant real estate”) owned by the Defendant, ② the creditor financial institution’s card on September 2, 201, which was the date of distribution, as indicated in the [Attachment] Claim Nos. 561,955,041 as to the part of the creditor financial institution’s card on September 2, 201, which was the date of distribution, and the fact that KRW 21,795,041 as a provisional attachment claim, and ③ the Real estate Credit Union as the Real Estate Claim No. 1.

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