부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff asserted that “The Defendant, who had the legal representative of C and C during the course of a lawsuit, voluntarily withdrawn the appeal to the Plaintiff, and the Defendant did not pay the said money to the Plaintiff, and thus, the Defendant is liable to pay the Plaintiff KRW 4 million in compensation for damages.” The Plaintiff asserted that “The Defendant is liable to pay the Plaintiff KRW 4 million in compensation for damages.” The Defendant filed a lawsuit seeking compensation for damages against the Defendant under the Court Decision 2018Ga32910, which was rendered a judgment against the Defendant.
The Plaintiff appealed, but was sentenced to a judgment dismissing an appeal (this Court 2019Na825), and appealed, but was sentenced to a judgment dismissing an appeal on February 6, 2020.
(Supreme Court) (Supreme Court Decision 2019Da29471). 【Grounds for recognition】 The fact-finding, the entry of evidence Nos. 1 and 2 in the court, and the purport of the whole pleadings
2. The Plaintiff’s assertion C and the Plaintiff’s appeal (Supreme Court Decision 2007Da45579) held that the Defendant, who had the legal representative of C during the lawsuit, voluntarily withdrawn the final appeal to the Plaintiff, would give KRW 4 million when the Plaintiff withdraws the final appeal, but the Defendant did not pay the said money to the Plaintiff. Therefore, the Defendant is liable to pay the Plaintiff KRW 4 million in compensation for damages.
3. Where the existence of a right or legal relationship disputed in a judgment suit has already been dealt with in a prior suit between the same parties, and a final judgment thereon has been rendered, the parties cannot make any arguments that conflict with this, and the court may not make any decision that conflict with this.
(2) As to the subject matter of the instant lawsuit, the same is identical to the subject matter of the final and conclusive judgment under paragraph (1) inasmuch as the subject matter of the instant lawsuit is “right to claim damages arising out of a violation of a payment agreement in the amount of KRW 4 million.” As such, in accordance with the res judicata of the final and conclusive judgment, this court cannot make a judgment inconsistent with the final and conclusive judgment, and thus, ought to dismiss the Plaintiff’s claim,
4. Conclusion, the judgment of the first instance is just, and thus, the Plaintiff’s appeal is without merit.