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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts as the cause of the claim of this case as shown in the attached Form. The plaintiff's judgment on the legitimacy of the lawsuit of this case is examined.
Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in a case where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit
(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). A final and conclusive judgment, other than the parties, also becomes effective against a successor subsequent to the closure of pleadings (see, e.g., Article 218(1) of the Civil Procedure Act). A transferee of a pecuniary claim of a judgment ordering monetary payment after the closure of pleadings constitutes the
In full view of the overall purport of the pleadings in evidence Nos. 1 through 11, the following facts are as follows: (i) Daesung Mutual Savings Bank Co., Ltd. extended a loan of KRW 750,000,000 per annum to the Defendant on June 26, 1993; (ii) the above principal and interest of the loan was transferred to the Korea Mutual Savings Bank on June 26, 1998; and (iii) after the transfer of the loan to the Korea Mutual Savings Bank after the Financial Supervisory Commission’s decision on the transfer of the loan to the Korea Mutual Savings Bank, Inc., Ltd., Ltd., through the Korea Mutual Savings Bank, Inc., Ltd., and the Korea Mutual Savings Bank, Inc., Ltd., and the Korea Mutual Savings Bank, Inc., Ltd. (hereinafter “Financial Institution’s stock company entry is omitted); and (iii) the Korea Mutual Savings Bank, Inc. filed a claim suit against the Defendant under Seoul Central District Court 2003hap79265, and the Financial Corporation succeeded to the lawsuit (the Korea Mutual Savings Corporation, Ltd.