A. The Plaintiff filed a lawsuit against the Defendant for a loan claim with this court 2007Kadan26906, and was sentenced by the above court to “the Defendant shall pay the Plaintiff 92,510,000 won with interest of 20% per annum from July 30, 2007 to the day of full payment.”

1. The Defendant shall pay the Plaintiff KRW 50,000,000, which shall be paid to the Plaintiff; KRW 12,500,000 until July 22, 2009; KRW 12,50,000 until October 22, 2009; KRW 12,50,000 until January 222, 2010; and KRW 12,50,000 until April 222, 2010; and KRW 12,50,000 each shall each be paid until April 22, 2010. If the Defendant delays the payment of the said installment one time until the said payment date, he shall lose the benefit of the time; and the Defendant shall pay the Plaintiff the amount calculated by deducting the amount paid in KRW 76,093,479; and damages for delay by adding the annual interest rate of KRW 20% from July 30, 2007 to the date of full payment.

2. The plaintiff waives the remaining claims.

3.This Agreement confirms that it is separate from the criminal cases of C.

4. The total costs and conciliation costs shall be borne by each person.

B. The Defendant appealed as Seoul High Court 2008Na67011, and on April 22, 2009, the following mediation was concluded between the Plaintiff and the Defendant (hereinafter “instant mediation”), and thereafter, the Plaintiff received KRW 5 million from the Defendant on October 14, 2009.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. 1) Even if there exists a final and conclusive protocol of conciliation that has res judicata as to monetary claims, a lawsuit may be brought for the interruption of extinctive prescription exceptionally in the event the ten-year period of extinctive prescription is imminent, and in such a case, the judgment of a subsequent suit does not conflict with the content of the previous suit (see Supreme Court en banc Decision 2018Da22008, Jul. 19, 2018). According to the above findings of recognition, according to the instant protocol of conciliation, the instant case on April 22, 2009.