대여금
1. As to the Plaintiff KRW 100,000,000 and its KRW 60,000 among them, the Defendant shall pay to the Plaintiff the year from January 9, 2003 to January 22, 2008.
1. Comprehensively taking account of the purport of Gap evidence No. 1 as to the cause of the claim, the plaintiff filed a lawsuit against the defendant for the payment of loans (this Court Order 2007Da9371) on February 27, 2008, and it is evident that "the defendant filed a lawsuit against the plaintiff with the rate of 5% per annum from January 9, 2003 to January 22, 2008; 40,000,000,000 won per annum from January 23, 2008 to January 22, 2008; 30,000,000 won per annum from January 23, 2008 to January 22, 2008 to January 208; 30,000,000 won per annum from January 9 to January 22, 2008 to January 23, 2008 to be paid by the plaintiff respectively."
According to the above facts of recognition, the defendant is obligated to pay 10,00,000 won among the amounts ordered to be paid to the plaintiff in the preceding judgment of this case and 60,000,000 won among them, 5% per annum from January 9, 2003 to January 22, 2008, 20% per annum from January 23, 2008 to September 30, 2015, 40,000 won per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment to January 22, 2008, 5% per annum from the next day to September 23, 2008, and 15% per annum from January 23, 2008 to September 30, 2015.
2. Although the defendant asserts that he did not receive money from the plaintiff as to the defendant's argument, the final and conclusive judgment in favor of the plaintiff has res judicata effect, the parties cannot file a new suit based on the same subject matter of lawsuit as the final and conclusive judgment in principle or in exceptional circumstances such as the interruption of prescription, the new suit is exceptionally allowed.