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(영문) 서울중앙지방법원 2017.07.19 2017가단5075251
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the legitimacy of the instant lawsuit ex officio.

According to the evidence evidence Nos. 1-4, ① The EL Card Co., Ltd. received a ruling of 2006Gau14321, Jan. 12, 2007 with respect to the credit card claims of creditor financial institutions listed in the attached Form No. 2006Gau14321, which became final and conclusive February 6, 2007; ② The National Bank Co., Ltd. received a ruling of 201Gau205, Sept. 15, 2011 with respect to the creditor financial institutions’ national bank claims listed in the attached Form No. 2011Gau-205, Sept. 15, 2011, and recognized the fact that the said ruling became final and conclusive on October 1,

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

However, as the new credit card was filed on March 13, 2017 after ten years from the date when the judgment became final and conclusive, there is no benefit in the protection of rights, barring any special circumstance.

In addition, there is no interest in the protection of rights as the period of extinctive prescription remains more than four years as of the date of closing argument in this case.

The lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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