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(영문) 서울중앙지방법원 2017.06.14 2017가단5023373
양수금
Text

1. The defendant shall pay to the plaintiff KRW 85,182,202 as well as KRW 30,00,000 from November 2, 2016 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

A. In full view of the purport of the arguments in Gap evidence Nos. 1 and 4, the court below held that the National Bank of Korea, a Co., Ltd., filed a lawsuit against the defendant for loans of 30,000,000 won for comprehensive passbook loans of 2 May 22, 2003, and rendered a judgment in favor of the plaintiff on December 7, 2006. The judgment became final and conclusive on December 27, 2006. The National Bank of Korea transferred the above judgment claim to the plaintiff on December 10, 2009. The plaintiff entrusted with the authority to notify the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment by content-certified mail, and the plaintiff requested payment of damages of 30,000 won to the defendant on May 24, 2010 to the extent of 10% of the total damages calculated on May 21, 2016.

B. As to the Defendant’s assertion 1, the Defendant asserts that there is no fact that there was a transaction with the National Bank of Korea, and that the Plaintiff cannot respond to the Plaintiff’s claim. (2) However, even in a case where a new suit is allowed based on the same subject matter of lawsuit as the judgment that became exceptionally final and conclusive due to special circumstances such as interruption of prescription, the judgment of the new suit does not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine

Therefore, in order to dispute the legal relationship of the previous suit in the subsequent suit, the defendant should first file a legitimate appeal for the final judgment in favor of the previous suit, and extinguish the res judicata.

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