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(영문) 서울중앙지방법원 2015.07.17 2015가합509813
양수금
Text

1. The plaintiff's lawsuit of this case is dismissed.

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

Reasons

The summary of the case is that the plaintiff seeks payment to the defendant, who is the debtor, after being assigned a claim based on the final judgment.

In fact, B filed a lawsuit claiming a loan against the defendant on May 26, 2009, and the defendant was sentenced to a judgment ordering the payment of the amount of 280,000,000 won and 200,000,000 won out of the above amounts, with 5% per annum from November 25, 2004 to September 1, 2009, 20% per annum from the next day to the date of complete payment, 80,000 won with 5% per annum from April 30, 208 to September 1, 2009, and 20% per annum from the next day to the date of full payment, and 5% per annum from September 1, 2009 to the date of full payment.

(U) On July 30, 2014, 201, 2009Da126444 decided September 29, 2009, and October 21, 2009), B transferred the final judgment claim against the Defendant to the Plaintiff, and notified the transfer by content-certified mail to the Defendant on July 31, 2014, and reached the Defendant around that time.

【The grounds for recognition” Nos. 1-1, 2, 3, and 4 of the evidence, and the judgment in favor of the court rendered a final and conclusive judgment as to the legitimacy of the lawsuit of this case as to the whole purport of the pleading, has res judicata effect. Thus, where a party who has received a final and conclusive judgment in favor of the other party to the lawsuit files a lawsuit against the other party to the lawsuit identical to the prior suit of the final and conclusive judgment in favor of the other party to the lawsuit again, the subsequent lawsuit is unlawful in principle as there is no benefit of protection of rights, and exceptionally, where it is obvious that ten

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006. Regarding the instant case, ex officio, the res judicata effect of a final and conclusive judgment between B and the Defendant extends to the Plaintiff who is the assignee of the claim after the closing of argument. The statute of limitations on the Plaintiff’s claim against the Defendant should expire on October 20, 2019, when 10 years have elapsed from October 21, 2009, which is the date when the judgment of the preceding lawsuit became final and conclusive. Thus, the instant lawsuit is filed.

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