구상금
1. The Plaintiff, Defendant B, and Defendant C, as to KRW 33,123,575 and KRW 9,939,168, respectively, and Defendant C, jointly and severally with Defendant B.
1. Where there is no dispute between the parties to the judgment as to the cause of the claim or when comprehensively taking account of the overall purport of evidence evidence and argument Nos. 1, 3, the plaintiff filed a lawsuit against the defendants with the court 2006da43599, and on January 11, 2007, the plaintiff was sentenced to the judgment that "the plaintiff is entitled to pay 16,561,787 won out of the above money and 4,969,584 won from September 20, 2006 to December 4, 2006, and 20% interest per annum from the next day to the day of complete payment." The judgment below became final and conclusive on February 2, 2007.
Therefore, in this case where the plaintiff filed for the interruption of the prescription of a claim according to the final judgment, the defendants are obligated to pay the money stated in Paragraph (1) of this Article to the plaintiff
2. Defendant B’s assertion asserts that there is no reason for Defendant B to bear obligations.
However, as long as Defendant B’s payment obligation is recognized in a prior judgment which became final and conclusive, unless the prior judgment is revoked through the procedure of subsequent appeal or retrial, this court cannot render a judgment contrary to the contents of the prior judgment in accordance with res judicata. Thus, Defendant B’s assertion is rejected.
3. The plaintiff's claim for conclusion is with merit.