대여금
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 plaintiff asserts that the appeal for subsequent completion is unlawful, since the defendant first filed a legitimate appeal for subsequent completion against the judgment in favor of the previous suit, and the res judicata is not extinguished. However, where a new suit based on the same subject matter as the judgment in favor of the previous suit is exceptionally permitted, the res judicata of the final and conclusive judgment in the previous suit shall be extinguished, but the above argument is not reasonable in itself.
The legal principle of the Supreme Court Decision 2012Da111340 Decided April 11, 2013 cited by the Plaintiff is not the nature that is applicable to the instant case, since it explains the requirements that allow a judgment different from the finalized legal relationship of the previous suit in a new suit.
2. Judgment on the merits
A. On June 15, 1995, the Central Busan Savings Bank Co., Ltd. (hereinafter “former Central Mutual Savings Bank”) established and lent KRW 570 million to the Defendant at an annual interest rate of 17% on June 15, 1995. However, with the method of repayment, the Defendant paid the amount of KRW 570,000,000,000,000, and the credit installment with twelve-month maturity (contract No. B) on June 15, 1996, which was due and due, set off the said principal on June 15, 196, and the interest was paid simultaneously on the said installment payment date.
On June 28, 1995, the above company lent 5 million won to the defendant, and with the method of repayment, the company paid 5 million won and 18-month credit installments (contract number C) which the defendant joined the above company on the 28th day of each month, and offset the above principal by the due date on December 28, 1996, and the interest was paid at the same time on the date of the above installment payment each month.
The above company (the "central mutual savings bank of a stock company") filed a lawsuit against the defendant against the defendant against the Seoul District Court 2002Ra173415, which sought the payment of the outstanding balance among the above loans. The above court on October 29, 2002 against the defendant 179,569,797 won and its payment from June 4, 2002.