대여금
1. The Defendant’s KRW 42,300,000 as well as 20% per annum from August 22, 2008 to November 21, 2018 to the Plaintiff.
According to the purport of Gap evidence Nos. 1 and 2 and the whole arguments, the plaintiff filed a lawsuit against the defendant as Seoul Central District Court 2008Gadan287231, Oct. 9, 2008, which stated that "the defendant shall pay to the plaintiff 42,300,000 won and interest calculated at the rate of 20% per annum from August 22, 2008 to the date of complete payment" (hereinafter referred to as "the judgment in a prior suit"), and the above judgment becomes final and conclusive on December 2, 2008.
Where a party who has won a final and conclusive judgment in favor of the other party in a lawsuit again files a claim identical to the previous lawsuit against the other party in the previous lawsuit, the subsequent lawsuit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year lapse period of extinctive prescription of the claim based on the final and conclusive
(2) The Plaintiff filed the instant lawsuit on November 12, 2018 when nine years and 11 months have elapsed since the judgment on the previous suit became final and conclusive. The instant lawsuit is for the interruption of extinctive prescription and is legitimate in the interest of a lawsuit. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from August 22, 2008 to November 21, 2018, which is the delivery date of a copy of the instant complaint, from the date of delivery of a copy of the instant complaint, to November 21, 2018, as the Plaintiff seeks.
The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.