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(영문) 서울중앙지방법원 2016.05.17 2015가단5269861 (1)
양수금
Text

1. The plaintiff's part of the claim against the defendant A for the transfer of loans against the defendant A shall be dismissed.

2...

Reasons

1. A final and conclusive judgment ex officio on the part of the claim for the amount of money taken over from Defendant A, a corporation among the lawsuits against Defendant A, shall also have effect on any successor subsequent to the closure of pleadings, except the parties (Article 218(1) of the Civil Procedure Act). The transferee of the monetary claim of the judgment ordering monetary payment after the closure of pleadings also constitutes the above successor.

On the other hand, since a final and conclusive judgment in favor of one party has res judicata effect, in case where the party against the other party to the lawsuit in favor of one party files a lawsuit again against the same claim as the previous lawsuit in favor of one party to the lawsuit, the subsequent lawsuit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of extinctive prescription of the claim based on the final

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.). In the instant case, the part of the claim for the transferee’s loan (the principal amount of KRW 1,849,429 and interest KRW 2,962,734 and the part of the claim for delay damages against the principal amount of KRW 4,812,734 and the principal amount of KRW 1,849,429,429 are considered to be considered to be considered to be paid if the Plaintiff acquired it from Spanish Loan Co., Ltd.

In full view of the purport of the argument in the statement No. 6-1 of the evidence No. 6-1, it is recognized that the Liquidation Financial Corporation received from the Ulsan Heavy Credit Union the claim against the defendant (principal principal 1,849,429) and received the assignment of the claim against the defendant A by filing a lawsuit against the defendant under the Ulsan District Court 2007Gaso75214, Dec. 4, 2007. The judgment became final and conclusive on December 29, 2007, and the above claim was transferred from the Ulsan Heavy Credit Bank Corporation to the plaintiff.

According to these facts, the plaintiff constitutes a successor after the closing of argument in the final judgment as of December 4, 2007, and thus has res judicata effect on the plaintiff. The ten-year extinctive prescription period based on the above final judgment is 10 years.

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