(영문) 대구지방법원서부지원 2016.11.16 2016가단13462

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(영문) 대구지방법원서부지원 2016.11.16 2016가단13462

대여금

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1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff filed the instant lawsuit for the extension of extinctive prescription based on the final and conclusive judgment in the Daegu District Court Western Branch 2007Kadan30571 loan case.

In a case where a party who has received a final and conclusive judgment in favor of the other party of the previous suit files a lawsuit against the other party of the previous suit for the same claim as the final and conclusive judgment in favor of the other party of the previous suit, the subsequent suit is unlawful as there is no benefit of protection of rights, and exceptionally, where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit of the lawsuit for interruption

(2) According to the reasoning of the judgment below, the plaintiff filed a lawsuit against the defendant against the defendant for the payment of loans under the 2005Da74764 delivered on April 14, 2006 and the purport of the whole pleadings as to Gap evidence No. 1. However, according to the purport of the whole statement and pleadings, the plaintiff filed a lawsuit against the defendant for the payment of loans under the 2007da30571 delivered on January 17, 2008 and the above judgment became final and conclusive on February 5, 2008, and the plaintiff filed the lawsuit in this case on August 24, 2016 for the extension of the statute of limitations of the above final and conclusive judgment. According to the above facts, the ten-year lapse of the statute of limitations of the claims based on the final and conclusive judgment remains more than one year and three months since the date of the closing of the argument in this case until the statute of limitations of the above final and conclusive judgment expires

Therefore, since the plaintiff's lawsuit of this case is unlawful as there is no benefit of protecting the rights, it is so decided as per Disposition.

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