(영문) 서울중앙지방법원 2016.11.02 2016가단5123429

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(영문) 서울중앙지방법원 2016.11.02 2016가단5123429

양수금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Pakistan Mutual Savings Bank filed a lawsuit claiming a loan payment against the Defendants.

(B) On November 26, 2002, the above court rendered a judgment on November 26, 2002 that "the defendant shall pay the amount of 868,464,824 won and 20% interest per annum from July 1, 1998 to the full payment date to Pakistan Mutual Savings Bank jointly and severally with C, D, E, E, F, and G (F)" (hereinafter "the preceding judgment of this case"), and the above judgment became final and conclusive at that time.

B. On March 2, 2016, the Plaintiff acquired the foregoing judgment claim from Pakistan Mutual Savings Bank, and filed the instant lawsuit on March 2, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. We examine ex officio the lawfulness of the instant lawsuit.

B. Since a final and conclusive favorable judgment has res judicata effect, where a party who received the final and conclusive judgment in favor of a party files a lawsuit against the other party to the previous suit identical to the previous suit in which the final and conclusive judgment in favor of a party in favor of a party in question

However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, the lawsuit for the interruption of extinctive prescription will have a benefit of lawsuit.

C. As seen earlier, the Plaintiff filed a lawsuit identical to the judgment prior to the instant lawsuit for the extension of extinctive prescription on March 2, 2016, but it is evident that the instant lawsuit was filed after the lapse of ten years from the date the judgment prior to the instant lawsuit became final and conclusive.

Therefore, the instant lawsuit is unlawful because there is no benefit in protecting the rights.

3. Conclusion, the instant lawsuit is unlawful and dismissed.

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