The part against the Defendants is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

1. The facts which have been recognized in a civil case, even though they are not detained in a judgment of other civil cases, etc. in a civil trial shall not be rejected without a reasonable reasoning, since they are valuable evidence, unless there are special circumstances.

(See Supreme Court Decisions 208Da92312, 92329, Sept. 24, 2009; 201Da42430, Feb. 27, 2014; 201Da42430, Feb. 27, 2014). In full view of the adopted evidence, the lower court determined that the instant will was null and void, on the following grounds: (i) H and I was an employee of the deceased, without the eligibility to witness the instant will by a notarial deed; (ii) there was no capacity for the deceased at the time of the instant will; and (iii) there was no waterworks for the purport of the deceased’s will; and

3. However, it is difficult to accept the above determination by the court below for the following reasons.

The judgment below

According to the reasoning and records, on August 21, 2014, the deceased’s wife E and the Southern F (hereinafter “E, etc.”) asserted the invalidity of the instant will and lost the Defendants after filing a lawsuit claiming the confirmation of shareholders’ rights and the implementation of transfer procedures, etc. under Seoul Central District Court 2014Gahap560651, which was the Seoul Central District Court 201. The appeal and final appeal of E, etc. were all dismissed, and the foregoing judgment (hereinafter “previous judgment”) became final and conclusive on December 28, 2016. While rejecting the claim of E, etc., the previous judgment rejected the claim of E, etc., that there was a witness qualification in relation to the instant will, the deceased had the ability to make a will at the time of the will, and the deceased had the ability to be able to obtain the purport of the will by the deceased, and then recognized the fact that the instant will was valid.

Unless there are special circumstances, the facts acknowledged in the previous judgment that became final and conclusive cannot be rejected without a reasonable reasoning, since it is a valuable evidence in this case, barring special circumstances.

However, the evidence adopted by the court below is recorded.