투자금 청구의 소
The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and each year from November 14, 2009 to September 30, 2015.
1. Determination as to the cause of claim
A. On July 16, 2009, the Plaintiff filed a lawsuit against the Defendants for the claim for investment, etc. with Seoul Central District Court 2009Kahap81314. On November 26, 2009, the said court rendered a judgment that “the Defendants jointly and severally liable to the Plaintiff for investment KRW 200,000,000 and damages for delay calculated at the rate of 20% per annum from November 14, 2009 to the date of full payment.” The said judgment became final and conclusive on December 22, 2009 (hereinafter referred to as the “final judgment of this case”).
(2) The Plaintiff filed the instant lawsuit against the Defendants on November 26, 2019 to interrupt the extinctive prescription of the claim based on the instant final judgment.
[Reasons for Recognition] Gap
B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 200,000,000 and damages for delay calculated at the rate of 12% per annum for the Plaintiff within the limit of 20% per annum from November 14, 2009 to September 30, 2015, from October 1, 2015 to May 31, 2019, from October 1, 2015 to May 31, 2019.
2. Judgment on the defendants' assertion
A. The gist of the assertion is that Defendant B received KRW 150,000,000 from the Plaintiff as the sale price for the new building located in Yangcheon-gu Seoul Metropolitan Government D, and did not reach the building owner E. However, in relation to the said new building construction, it did not receive KRW 200,000,000 from the Plaintiff as the investment money.
At the time, Defendant C, who was the spouse of Defendant B, did not know at all about the investment amount claimed by the Plaintiff.
B. According to res judicata of a final and conclusive judgment, a party cannot file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances, such as interruption of prescription
However, in such a case, the judgment of the new suit is the final and conclusive judgment.