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(영문) 서울중앙지방법원 2017.10.25 2017가단5115814
양수금
Text

1. Of the instant lawsuits, the claims for loans 6,7 loans listed in the separate sheet Nos. 6, and No. 7 shall be dismissed.

2. The defendant.

Reasons

1. In full view of the purport of the entire pleadings, the facts in the separate sheet No. 1-11 as to the basic facts, can be acknowledged.

2. We examine ex officio the judgment prior to the merits, as to the loan Nos. 6 and 7 in the separate sheet No. 7 in the instant lawsuit.

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

On the other hand, a final and conclusive payment order has the same effect as a final and conclusive judgment (Article 474 of the Civil Procedure Act). The new filing of a suit against a claim for which a payment order has become final and conclusive is not allowed as there is no benefit

According to the evidence evidence Nos. 7-8, ① with respect to the loans 6 loans from the No. 13909, Samsung Card Co., Ltd., upon receipt of the payment order from the Seoul Central District Court 2012j. 13909, the above payment order became final and conclusive as of September 11, 2012, ② with respect to loans 7 loans from the No. 7 of the attached claim No. 7, Korea Exchange Bank, upon receipt of the Seoul Southern Southern District Court Decision 2012Da160203, Mar. 22, 2013, can be acknowledged that the above judgment became final and conclusive as of April 16, 2013.

The plaintiff is a person who has taken over each claim from the above financial institutions, and the period of extinctive prescription of each claim remains for not less than five years as of the date of the closing of argument in this case.

Therefore, the above part of the lawsuit of this case is unlawful.

3. Judgment on the merits

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from April 12, 2017 to the date of full payment, which is the day following the last calculation date of interest on the total amount of loans of KRW 40,750,942, which is an aggregate of KRW 1-5,000,000,000, and the total amount of loans of KRW 40,750,942.

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