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(영문) 서울중앙지방법원 2015.09.25 2015가단5226239 (1)
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff acquired the claim from Nonparty Korea Asset Management Corporation based on the final and conclusive judgment on the claim for the acquisition amount claim against the Defendant (hereinafter “final and conclusive judgment of this case”), and filed the instant lawsuit by asserting that part of the claim is claimed for the extension of the extinctive prescription period.

ex officio, the fact that the final judgment of this case was final and conclusive on December 6, 2007 is significant to the party members in the case of this court 2006Gahap9748, which was brought against the defendant on November 15, 2006 by the Korea Asset Management Corporation against the defendant.

Therefore, the claim based on the final judgment of this case is proceeding again with the ten-year statute of limitations from the date when the above judgment became final and conclusive, and since it is apparent in fact that the completion of the statute of limitations is not imminent, the lawsuit of this case, based on the premise that the statute of limitations is imminent, is unlawful as there is no benefit of re-litigation.

Therefore, the instant lawsuit is dismissed as it is unlawful.

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