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(영문) 서울중앙지방법원 2018.06.22 2018가단5013076
어음금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 83,00,000 and 5% per annum from February 1, 2006 to September 19, 2007.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendants seeking the payment of promissory notes with Seoul Central District Court 2007Kadan322564

(hereinafter referred to as “prior action”). (b)

On October 31, 2007, the Seoul Central District Court rendered a favorable judgment against the plaintiff in favor of the plaintiff, stating that "the defendant jointly and severally pays to the plaintiff 83,00,000 won and interest thereon at the rate of 5% per annum from February 1, 2006 to September 19, 2007, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on November 24, 2007 against the defendant B, and on November 23, 2007.

(hereinafter referred to as the “instant claim”) c.

The Plaintiff filed the instant lawsuit to extend the prescription period of the instant claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

Since a final and conclusive judgment in favor of one party in favor of one party in a final and conclusive judgment has res judicata effect, where the party in favor of one party in a lawsuit again files a lawsuit against the other party in a final and conclusive judgment identical to the previous suit in favor of one party in the previous suit, the subsequent suit is unlawful as there is no benefit in the protection of rights. Provided, That in exceptional cases, the benefit of a lawsuit for interruption of prescription may

(2) As to the claim of this case which was returned to the instant case and rendered final and conclusive according to the preceding lawsuit, it is reasonable to deem that the period of extinctive prescription of the claim of this case was imminent at the time when the instant lawsuit was filed. Thus, the Plaintiff’s lawsuit for the extension of extinctive prescription is lawful.

3. Comprehensively taking into account the facts acknowledged prior to the determination of the cause of the claim, the Defendants shall be jointly and severally.

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