A. According to the evidence Gap evidence No. 1, the plaintiff filed a lawsuit against the defendant seeking damages of KRW 47,838,520, which the defendant embezzled against the defendant (Yancheon District Court Branch Branch 2006Gadan21387), and October 31, 2006, "the defendant shall pay to the plaintiff 47,838,520 won and the amount calculated by the rate of 20% per annum from September 19, 2006 to the date of full payment (hereinafter "previous judgment"), which became final and conclusive on November 24, 2006, and the fact that the plaintiff applied for the payment order of this case on October 13, 2016 but the defendant raised an objection and implemented it as the lawsuit of this case is significant in this court.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 47,838,520 won and damages for delay calculated at the rate of 15% per annum from September 19, 2006 to the date of full payment, barring special circumstances. Meanwhile, the lawsuit of this case filed for the purpose of the extension of prescription after the completion of the extinctive prescription after the previous judgment became final and conclusive, has the benefit of protection of rights.

2. The Defendant alleged that “The Defendant did not have embezzled the above KRW 47,838,520, and the previous judgment was followed by service by public notice, and thus, did not know the fact of the above judgment itself.” However, the Defendant cannot reverse the effect of the above final judgment within the instant litigation procedure by itself.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the claim of this case is reasonable.