(영문) 서울중앙지방법원 2016.08.25 2015가단180581

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(영문) 서울중앙지방법원 2016.08.25 2015가단180581

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2006, the Future Savings Bank Co., Ltd. (hereinafter “BS Savings Bank”) established a credit transaction agreement with B on the content that 200 million won is 25.5% per annum and 33% per annum with the maximum damages rate. The Plaintiff signed and sealed the said credit transaction agreement as a joint guarantor.

B. The Plaintiff filed a petition for bankruptcy and immunity with the Seoul Central District Court 201Ha group and 5958 (Seoul Central District Court). The said court declared the Plaintiff bankrupt on November 14, 201, and rendered a decision to grant immunity on April 3, 201, and the said decision to grant immunity became final and conclusive on April 19, 2012, but at the time, the Plaintiff did not enter the above joint and several debt obligations against the future savings bank in the creditor list.

C. On April 30, 2013, the Future Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap54, and the Defendant was appointed as bankruptcy trustee. The above court rejected the Plaintiff’s assertion that the Plaintiff’s signature and seal, a joint guarantor, was forged under the above credit transaction agreement, and issued a judgment ordering the Plaintiff to pay the Defendant the money as stated in the purport of the claim (hereinafter “the judgment in a prior suit”) on February 27, 2014, and the previous judgment became final and conclusive on April 15, 2014.

[Ground of recognition] There is no dispute, or the purport of Gap's statements and the whole pleadings

2. The res judicata effect of a final and conclusive judgment refers to the content of the legal judgment contained in the text of the final and conclusive judgment that regulates the relationship between the parties to the lawsuit after the date of the final and conclusive judgment, and thus, when the same matter becomes a problem in the lawsuit, the parties cannot make any arguments that conflict with it, and the court does not allow the subsequent suit identical to the subject matter of the prior suit in which the judgment has res judicata effect, and the subject matter of the subsequent suit is prior to

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