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(영문) 서울중앙지방법원 2017.07.12 2017가단5096944
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The allegations and judgment of the parties

A. The ground for the plaintiff's claim is stated in the annexed sheet of claim

(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant').

Judgment

ex officio, we examine the legality of the instant lawsuit.

1) Only where it is obvious that the ten-year period of extinctive prescription has expired, a claim based on a final and conclusive judgment, has an interest in a lawsuit for the interruption of extinctive prescription (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). (2) However, the Korea Communications Service Korea has already filed a lawsuit against the Defendant for a loan claim against the Defendant (Seoul Southern District Court 2014Gadan204561, May 2, 2014, and the Plaintiff has been ruled in favor of all of the Plaintiff, and on May 23, 2014, the fact that the said judgment became final and conclusive is significant in this court.

3) If so, the instant lawsuit cannot be deemed to have been filed more than ten years after the lapse of the ten-year extinctive prescription period, and it is unlawful as there is no benefit in the lawsuit.

2. For this reason, we decide to dismiss the instant lawsuit for this reason as per Disposition.

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