2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Plaintiff’s assertion 1) The Korea Deposit Insurance Corporation in charge of bankruptcy of the Gwangju Bank and the Gwangju Bank Credit Cooperatives filed a lawsuit against the Defendant for a loan claim, and the Plaintiff (the Plaintiff Co., Ltd.) succeeded to the said lawsuit on the ground of the acquisition of the claim. The court rendered a ruling that “the Defendant shall pay to the succeeding intervenor (the Plaintiff of this case) the amount of KRW 2,496,174 and the amount calculated at the rate of KRW 12.5% per annum from May 10, 2003 to September 18, 2003, and the amount of interest calculated at the rate of 18% per annum from the next day to the day of full payment (the date of full payment) and the above ruling was finalized on November 8, 2005 to December 12, 2005 to extend the extinctive prescription period of the instant claim, and thus, the Plaintiff newly filed a suit against the Defendant for the extension of the extinctive prescription period of the instant claim.

B. The Defendant’s assertion 1) was unaware of the fact that the Defendant borrowed money from the Defendant, who is the primary debtor, and there was no fact that the Defendant jointly and severally guaranteed the Defendant’s obligation, and the final and conclusive judgment of this case was rendered against the Defendant. Therefore, the Defendant does not bear the guaranteed obligation. 2) The extinctive prescription of the Plaintiff’s claim against the Defendant was completed.

2. Determination:

A. In special circumstances, such as interruption of prescription, where a new suit based on the same subject matter of a lawsuit is allowed exceptionally, the judgment of the new suit does not conflict with the final and conclusive judgment rendered in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether the requirements for claiming the established right are satisfied.

Therefore, in order to dispute the legal relationship of the previous suit in the subsequent suit, the defendant should first file a legitimate appeal for the final judgment in favor of the previous suit, and extinguish the res judicata.