청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation on this part of the underlying facts is that “.....” in the first instance judgment No. 3, “No. 2011. Feb. 8, 201,” “No. 201. Feb. 28, 2011.” The following explanation is added to “No. 19,” and the reasoning for the judgment of the first instance is the same as that for Paragraph 1, except for addition of evidence No. 14 to “A,” and this is cited by the main sentence of Article 420 of the Civil Procedure Act.
(j) The Defendant filed a lawsuit against the Plaintiff to claim the payment of the instant promissory note amount under the Incheon District Court Branch Decision 2014Kadan7348, Jul. 9, 2015, the said court rendered a judgment dismissing the Defendant’s claim to the effect that “the claim of the instant promissory note amount was extinguished by the repayment of the amount (the amount exceeding the payment of the promissory note was repaid)” and the said judgment became final and conclusive on July 28, 2015 due to the Defendant’s failure to file an appeal (hereinafter “the foregoing judgment”).
2. Determination as to the cause of claim
A. 1) In a case where the legal relationship in the previous suit which became final and conclusive by res judicata of the judgment in the previous suit becomes the preemptive legal relationship in the subsequent suit even if the subject matter of the subsequent suit is not the subject matter of the subsequent suit, the judgment of the final and conclusive judgment in the previous suit becomes the subject matter of the subsequent suit and the res judicata becomes the subject matter of the subsequent suit. As such, the parties cannot make any other argument and the court may not make any other judgment (see, e.g., Supreme Court Decision 98Da18155, Jun. 9, 200). 2) As to the instant case, the Defendant filed a lawsuit against the Plaintiff on the claim for promissory notes based on the claim in the instant promissorysory note, which is the subject matter of the instant authentic deed, and received a final and conclusive judgment dismissing it. Accordingly, the Plaintiff’s non-existence of the promissory
The judgment of the court below on the above judgment of the previous suit is the certificate of the Promissory Notes of this case.