logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.28 2016가단5118649
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As to the legitimacy of the instant lawsuit ex officio, the Plaintiff filed the instant lawsuit by asserting that the claim against the Defendant of the Korea Lease Credit Co., Ltd. (hereinafter “Korea Lease Credit Co., Ltd.”) was acquired before transfer as indicated in the grounds for the instant lawsuit. In full view of the overall purport of the pleadings as to the entries in the evidence Nos. 1, 3, and 4, the Korea Lease Credit Co., Ltd. (hereinafter “Korea Lease Credit Co., Ltd”) filed a lawsuit against the Defendant for the payment of lease fees, etc. under the Seoul Central District Court Decision 2006No70385, Apr. 25, 2006, and received a favorable judgment on May 12, 2006, and the said judgment became final and conclusive, and on August 28, 2012, the said final and conclusive judgment was filed with the Defendant and the third debtor as the Defendant’s financial institution, etc., and received part of the claim for the collection order against the Defendant Co., Ltd., Ltd. as the claim for the collection order against the Defendant.

According to the above facts, it is identical to the above judgment and the subject matter of lawsuit that the plaintiff sought the payment of the claim that he acquired before transfer from the Korean Lease to the defendant in the lawsuit in this case. The extinctive prescription of the above final judgment is interrupted on August 28, 2012 by the Daegu District Court 2012TTTTT12282, and the plaintiff can enforce compulsory execution by obtaining the execution clause by being assigned by succession of the above judgment as the successor of the above claim. Thus, the lawsuit in this case is unlawful because there is no benefit of protection of rights.

(B) In addition, there is no need to file a new suit with the same content for the interruption of extinctive prescription because the judgment which became final and conclusive is not imminent. 2. If so, the plaintiff's lawsuit of this case is unlawful and dismissed. It is so decided as per Disposition.

arrow