부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The reasoning of the judgment of the court of first instance cited in this part is the same as that of the judgment of the court of first instance, in addition to the following addition, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
In addition, the judgment of the first instance court, which became final and conclusive that the Plaintiff has the principal of the indemnity amount of KRW 680,131,360 against the non-party company, which is the principal debtor of the indemnity claim, in the previous lawsuit (the Daejeon District Court Decision 2014Da1208504) filed by the Plaintiff against the non-party company, etc. (the Daejeon District Court Decision 2014Da208504), and the res judicata effect has occurred, the Plaintiff cannot claim a amount different
Judgment
Even though the subject matter of a lawsuit brought before and after the lawsuit is not identical, if the subject matter of a lawsuit brought after the lawsuit is considered to be the subject matter of a lawsuit brought before and in conflict with the established legal relations in the lawsuit brought before, res judicata effect of the judgment before and after the lawsuit is brought. However, res judicata effect of a final and conclusive judgment does not affect the conclusion of the judgment on the existence of legal relations brought before and do not affect the existence of legal relations which are the premise thereof. Thus, the legal relationship established in the previous lawsuit refers to the legal relationship which has res judicata effect of a final and conclusive judgment, and it does not mean
(1) Article 218 of the Civil Procedure Act provides that “The subjective scope of res judicata effect on a third party in a family relation lawsuit or a company-related lawsuit, etc.” (see, e.g., Supreme Court Decision 2004Da55698, Dec. 23, 2005).” In addition, the subjective scope of res judicata effect is limited to a third party in a case where a party, a successor subsequent to the closure of pleadings, or a person who possesses the subject matter of a claim on behalf of the third party, or a person who becomes a plaintiff or