1. Of the part against the plaintiff in the judgment of the court of first instance, the part of the claim for transfer money from the KNB card.

1. In the first instance trial, the Plaintiff sought the payment of each credit that was acquired from the Defendant’s new card (hereinafter “new card”), Incheon Livestock Industry Cooperatives, National Card, and Teyman Loan Co., Ltd., and the first instance court accepted only the part seeking the payment of the credit that was received from the new card and Incheon Livestock Industry Cooperatives, and the remainder was dismissed.

In this regard, the plaintiff appealed only to the part of the credit that he received from the national card, and the scope of the judgment of this court is limited to the part of seeking payment of the credit that he

2. Determination as to the legitimacy of the part of the lawsuit of this case seeking the payment of the credit received from the national card

A. Since a final and conclusive judgment in favor of one party has res judicata effect, the subsequent suit is unlawful as there is no benefit in the protection of rights, unless it is obvious that the ten-year extinctive prescription period of the claim based on the final and conclusive judgment has expired, in cases where the party against the other party to the previous suit files a lawsuit identical to the previous suit in which the final and conclusive judgment has become final and conclusive.

In addition, a final and conclusive judgment is effective to a successor subsequent to the closure of pleadings in addition to the parties (Article 218(1) of the Civil Procedure Act), and the transferee of the judgment ordering monetary payment after the closure of pleadings also constitutes the above successor.

B. The Plaintiff filed the instant claim with the National Card that received interest or delay damages on each of the above amounts of the principal KRW 7,193,095, KRW 1966,120, KRW 6,763,523 from the credit card.

However, comprehensively taking account of the written evidence Nos. 10 and 11 and the purport of the entire pleadings, the National Bank of Korea (the National Card was established due to the corporate division on March 2, 201) against the Defendant as the Incheon District Court No. 2009Da39472.