A. On October 15, 2007, the Plaintiff drafted No. 166, 2007, a notary public, who borrowed KRW 50,000,000 from the Defendant as of December 31, 2007, with the content that the Plaintiff borrowed from the Defendant as of December 31, 2007, with the maturity of time (hereinafter “notarial deed of this case”).

B. On March 15, 2016, the Plaintiff filed a lawsuit of demurrer against the Defendant with the Cheongju District Court for the refusal of compulsory execution based on the instant notarial deed, and the said court rendered a judgment accepting the Plaintiff’s claim on May 19, 2016 by the Defendant’s failure to submit a written response. However, the Cheongju District Court, the appellate court, rendered a judgment dismissing compulsory execution based on the instant notarial deed against the Plaintiff on October 12, 2016 only for KRW 68,43,025 and for KRW 45,935,717, which exceeds the damages for delay from August 6, 2015 (hereinafter “instant prior judgment”), and the said judgment became final and conclusive on March 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Res judicata of the final and conclusive judgment shall affect all means of attack and defense in which the parties have asserted or could have asserted before the closing of arguments in the previous suit. However, in a case where there is a change in circumstances inconsistent with the judgment in the previous suit due to a new cause after the closing of arguments,

In addition, a new reason that occurred after the closing of argument refers to a new fact-finding, and there are new evidence on existing facts.

or any other circumstance, including the existence of a new legal assessment or any other judgment containing such a legal assessment, shall not include any such other circumstance.

(see, e.g., Supreme Court Decision 2016Da222149, Aug. 30, 2016). With respect to the instant case, the Health Team, and the Plaintiff already filed a lawsuit identical to the instant case in the judgment prior to the instant lawsuit, and partly won the same judgment, and the Plaintiff asserts.