(영문) 인천지방법원 2015.09.15 2015가단32799

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(영문) 인천지방법원 2015.09.15 2015가단32799

임대차보증금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4, and Eul evidence 1 to 3:

On February 27, 2004, the Plaintiff filed an application for payment order with the Incheon District Court No. 2004Da4697, which sought payment of the instant claim against the Defendant, as the Plaintiff did not receive the lease deposit claim of KRW 25,000,00 regarding the management office of the third floor in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant claim”).

B. Upon the above application on April 22, 2004, the court issued a payment order stating that "the defendant shall pay to the plaintiff 25,000,000 won with 20% interest per annum from the day following the delivery of the payment order to the day of complete payment." The above payment order was delivered to the defendant on July 9, 2004, and it became final and conclusive on July 24, 2004 with the limit of the filing period.

(hereinafter referred to as "previous payment order"). (c)

Meanwhile, on May 22, 2009, the Defendant filed an application for adjudication of bankruptcy and exemption with the Changwon District Court Decision 2009Hadan1673, 2009Da1675, the Defendant was granted a decision to grant immunity on June 14, 201 from the above court (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on June 30, 201. The Defendant did not enter the Plaintiff’s claim in the list of creditors at the time of filing an application for adjudication of bankruptcy and exemption.

On March 10, 2015, the Plaintiff filed an application for a payment order with the Incheon District Court 2015 tea2121, seeking payment of the instant claim against the Defendant, and the Defendant filed an objection on May 20, 2015 and continued to be the instant lawsuit.

2. Determination:

A. In principle, if a party who received a final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit again against the same claim as the previous suit in a final and conclusive judgment in favor of one party to the previous suit, the subsequent suit is unlawful as there is no benefit of protecting the right, and exceptionally

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