손해배상(기)
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Defendant, as compensation for damages caused by the tort, has a duty to pay the Plaintiff KRW 50 million and damages for delay to the Plaintiff, as compensation for damages incurred by the tort, because the Plaintiff obstructed the Plaintiff’s operation of the knife left-hand knife, owned by the Plaintiff, which was parked at Kim Jong-si, around October 25, 2012.
Since res judicata of a final and conclusive judgment affects a judgment on the existence of legal relations asserted as a subject matter of a lawsuit, filing a subsequent suit between the same parties regarding the same subject matter of a lawsuit between the parties is not permissible because it conflicts with res judicata of the final and conclusive judgment in a prior suit
(2) In light of the aforementioned legal principles, the Plaintiff’s assertion that the Plaintiff was liable to compensate the Plaintiff for damages with KRW 200 million and delay damages therefrom, and the court below rejected the Plaintiff’s claim on October 23, 2013 and the same subject-matter of lawsuit as the subject-matter of lawsuit in this case, based on the following facts: (a) the Plaintiff’s assertion that the Defendant had a duty to compensate the Plaintiff for damages with KRW 200 million and delay damages therefrom; and (b) the Plaintiff’s claim against the Defendant was rejected on October 25, 2012; and (c) the Plaintiff’s assertion that the Defendant had a duty to compensate the Plaintiff for damages with KRW 183,00; and (d) the Plaintiff’s claim against the Defendant for damages against the Plaintiff on the same day as the subject-matter of lawsuit in this case, which became final and conclusive after the final and conclusive judgment became final and conclusive (see Supreme Court Decision 2013Da18383, Dec. 13, 2013).
Thus, the plaintiff's claim of this case is justified.