(영문) 서울중앙지방법원 2019.10.11 2019가단5095402

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(영문) 서울중앙지방법원 2019.10.11 2019가단5095402

양수금

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1. Of the instant lawsuits, the part concerning the claim for damages for delay of KRW 19,469,337 and KRW 7,346,401 shall be dismissed.

2...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the “creditor” shall be deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”). 2. Judgment by the deemed confession based on recognition (Article 208(3)2 of the Civil Procedure Act)

3. Since a judgment in favor of a part of the final and conclusive judgment which has become final and conclusive has res judicata effect, where a party who has received a final and conclusive judgment in favor of one party files a lawsuit against the other party to the lawsuit identical to the previous suit in favor of the final and conclusive judgment, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on the final

(2) As to the claim for damages for delay against KRW 19,469,37 among the lawsuit in this case and KRW 7,346,401 among the claims in this case, the Plaintiff filed the lawsuit in this case for the purpose of interrupting the extinctive prescription of the above claim established by the judgment in Seoul Central District Court 2010 Ghana1584048. According to the evidence evidence evidence No. 6, the above judgment date is recognized as August 11, 201. Thus, it is difficult to view that the extinctive prescription of the above claim was expired as of February 22, 2019 and as of the date of closing of argument in this case, there is no evidence to acknowledge that there is a special circumstance to acknowledge the benefit of the lawsuit in this case raised for the extension of the prescription of the above claim.

Therefore, the part of the claim for damages for delay of KRW 19,469,337 among the lawsuit of this case and KRW 7,346,401 among them is dismissed as it is unlawful because there is no benefit of lawsuit.

참조조문

-민사소송법 제208조 제3항 제2호

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