대여금
1. The defendant shall pay to the plaintiff KRW 169,90,000 and KRW 80,000 among them, from September 16, 2005 to the day of full payment.
1. In full view of the purport of the argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff filed a lawsuit against the defendant as Suwon District Court 2005Kahap15201, Nov. 24, 2005. The above court rendered a judgment that "the defendant shall pay to the plaintiff 178,400,000 won with interest of 20% per annum from September 16, 2005 to the day of full payment" and that "the defendant shall pay to the plaintiff 178,40,000 won with interest of 178,40,000 won with interest of 169,50,000 won with interest of 8,50,000 won with interest of 178,40,000 won with interest of 169,000 won with interest of 8,50,000 won with interest of 8,50,000 won with interest of 205,000 won.
2. Judgment on the defendant's assertion
A. The defendant asserts that the defendant did not borrow money from the plaintiff, and that the total amount of the plaintiff's claims is KRW 50,000,000.
In special circumstances, such as interruption of prescription, even in cases where a new suit based on the same subject matter of lawsuit is allowed exceptionally as a final and conclusive judgment, the judgment of the new suit does not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit cannot re-examine whether the requirements to assert the established right are satisfied or not.
(see, e.g., Supreme Court Decision 2012Da111340, Apr. 11, 2013). Therefore, the Defendant’s above assertion is contrary to the res judicata of the final and conclusive judgment of this case, and is without merit.
B. The Defendant, on 2014, knew of the fact that the Plaintiff filed an application for registration in the defaulters’ list with the Defendant, and agreed to pay KRW 50,000,000 to the Plaintiff in installments in 1,000 per month. Accordingly, the Defendant asserted that the Plaintiff withdrawn the application for registration in the defaulters’ list.
However, as alleged by the Defendant, the Plaintiff and the Defendant are liable.