A. On November 17, 2004, the Plaintiff filed a loan lawsuit against the Defendants (the cause of the claim is indicated in the annexed sheet). On November 17, 2004, the above court rendered a favorable judgment against the Plaintiff that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 74,000,000 and KRW 66,00,000, calculated at the rate of 20% per annum from November 1, 2004 to the date of full payment.”

The above judgment became final and conclusive around that time.

B. The Plaintiff filed the instant lawsuit to extend the prescription period.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff the loan amount of KRW 50 million, the total amount of KRW 16 million, the subrogated payment of KRW 66 million, and damages for delay calculated at the rate of 20% per annum from November 1, 2004 to the date of full payment, as the plaintiff seeks.

B. Defendant B asserts that Defendant B paid KRW 5 million out of the borrowed money of this case.

On the other hand, when a judgment becomes final and conclusive, the court or the party concerned has res judicata effect which is not possible to make a judgment or assertion contrary to the final and conclusive judgment, and the res judicata effect of such final and conclusive judgment shall be based on the time of closing of arguments at the trial court, which is the standard time, and it is not allowed to seek a judgment different from the judgment in a prior suit by asserting the facts

In the instant case, the Plaintiff filed a loan lawsuit against the Defendants against the Daegu District Court Branch Branch of 2004Kadan13487, and rendered a judgment in favor of the Plaintiff on November 17, 2004, and the facts that the said judgment became final and conclusive at that time are as seen earlier, and thus, it is concluded that Defendant B paid KRW 5 million out of the loan amount prior to the closing of argument in the instant judgment.