구상금
1. The Defendants jointly and severally pay 80,495,088 won to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. In full view of the purport of the entire pleadings as to the plaintiff's claim Gap's evidence Nos. 1 and 6, the defendants are jointly and severally liable to pay 80,495,08 won to the plaintiff.
2. As to Defendant C’s assertion, Defendant C did not provide joint and several sureties as stated in the grounds for the claim in the separate sheet, and Defendant C did not know, and asserted to the effect that the instant claim in this case was unfair, since this court’s 2006da391075 lawsuit was conducted by service by public notice.
Even in cases where a new suit is allowed based on the same subject matter as a final and conclusive judgment that became final and conclusive exceptionally due to special circumstances, such as a case by examining the case, interruption of prescription, etc., the judgment of a new suit shall not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court of the subsequent suit shall not re-examine whether the requirements for claiming the established right
Therefore, in order to dispute the right relationship in this case, which is the subsequent suit by Defendant C, the res judicata should be extinguished by filing an appeal for lawful completion of the final judgment in favor of the previous suit. This does not change on the following grounds: (a) the copy, original copy, etc. of the written complaint in the previous suit were served by service by public notice; and (b) Defendant C was unable to respond to the previous suit due to a cause not attributable to Defendant C.
(see Supreme Court Decision 2012Da111340, Apr. 11, 2013). Accordingly, Defendant C’s assertion is without merit, in the instant case where there is no evidence to prove that Defendant C filed a lawful appeal against the instant case of this Court 2006Da391075, which is the previous suit, and there is no evidence to prove that Defendant C filed a lawful appeal for the said case. Therefore, the legal relationship between the Plaintiff and the Defendant established in the previous suit cannot be contested
3. Conclusion, we accept the plaintiff's claim on the ground that all of the claims are reasonable.