A. On October 14, 2011, the Plaintiff filed a lawsuit for indemnity against the Defendant (Seoul Central District Court 201Da10551, hereinafter “prior lawsuit”), and on October 14, 2011, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff 64,979,451 won and the amount equivalent to 10% per annum from November 23, 201 to May 2, 201, and 20% per annum from the next day to the day of full payment.”

The above judgment became final and conclusive around that time.

B. On May 29, 2020, the Plaintiff filed the instant lawsuit against the Defendant for the extension of extinctive prescription based on the final and conclusive judgment of the previous lawsuit.

【Ground for Recognition: Facts without dispute, entry of evidence No. 1, and purport of the whole pleadings】

2. Determination

A. Since a final and conclusive judgment in favor of a final and conclusive judgment regarding the cause of the claim has res judicata effect, where a party who received the final and conclusive judgment in favor of the other party files a lawsuit against the other party for the same claim as that of the final and conclusive judgment in favor of the other party, the subsequent lawsuit

However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.

(Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018). As such, it may be deemed that the ten-year lapse period, the extinctive prescription period of a claim based on the final and conclusive judgment of a prior suit, is imminent, the Plaintiff has a benefit in filing the instant lawsuit for the interruption of prescription.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 64,979,451 won and damages for delay at the rate of 12% per annum under the Civil Act from November 23, 2010 to May 2, 2011, and from the next day to the date of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., as claimed by the plaintiff, unless there are special circumstances.

B. The defendant's assertion is judged.