beta
Text
1. Of the instant lawsuits, the lawsuit against the claims acquired from a new card company shall be dismissed.
2. The defendant.
Reasons
1. We examine the legitimacy of this part of the lawsuit, ex officio, as to the claim that was taken over by the new card Co., Ltd. (hereinafter “new card”) among the lawsuit in this case.
In full view of the purport of the entire pleadings, the Plaintiff sought payment against the Defendant of the credit amount that he/she received from the new card No. 4-2, and in full view of the purport of the entire pleadings, the new card may be acknowledged as the fact that the said judgment became final and conclusive on Oct. 9, 2010 upon receiving a favorable judgment against the Defendant by seeking payment of the said credit amount from the High Government District Court Decision No. 2010, Apr. 14, 2010.
According to the above facts, the part of the claim that was acquired from the new card of this case is identical to the above judgment which became final and conclusive, and the plaintiff can enforce compulsory execution by obtaining a succession execution clause based on the judgment which became final and conclusive as the successor of the new card. Thus, this part of the lawsuit is unlawful as there is no benefit of protection of rights.
(In addition, since the above final judgment became final and conclusive on October 9, 2010, there is no need to file a new suit with the same content for the interruption of extinctive prescription because the expiration of extinctive prescription period is not imminent). 2. The judgment on the claim acquired from the Mine Credit Union (hereinafter "Mahee Credit Union") on October 9, 201
A. The judgment on the cause of the claim (Provided, That the creditor shall be the plaintiff, the debtor shall be the defendant, and the claims taken over from the Mine Rassscopon) is not disputed between the parties, or can be acknowledged in full view of the overall purport of the entries and arguments in the evidence Nos. 1 through 3, 5, and the whole arguments. As such, the defendant is obliged to pay to the plaintiff delay damages calculated at the rate of 17% per annum from March 17, 2016 to the day of full payment, which is the day following the date of final calculation of the interest.
B. As to the judgment on the defendant's defense, the defendant has statute of limitations on the claim for the mining consultation loan that the plaintiff acquired.