logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.08.22 2018가단766
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine the legality of the instant lawsuit ex officio.

A. Since a favorable judgment in favor of a final and conclusive judgment has res judicata effect, where a party who has received a final and conclusive judgment in favor of the other party to the previous suit files a lawsuit against the other party to the previous suit identical to the previous suit in favor of the former 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 lapse period of the claim based on the final and conclusive judgment has expired,

Supreme Court Decision 87Meu1761 Decided November 10, 1987 and Supreme Court Decision 2005Da74764 Decided April 14, 2006

B. According to the statement in Gap evidence No. 1 and the purport of this court's significant facts and arguments, the plaintiff filed a lawsuit against the defendant for payment of "5% per annum from November 20, 1999 to June 17, 2005, and 20% per annum from June 18, 2005 to the date of full payment. The above court rendered a judgment in favor of all of the above court on July 27, 2005, and the above judgment became final and conclusive on August 23, 2005, while the lawsuit in this case is obviously filed on August 23, 2005, in light of the above legal principles, since the ten-year statute of limitations has expired from the date the above judgment became final and conclusive to June 27, 2018.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

arrow