대여금
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The primary and conjunctive nature of the Defendant-Counterclaim Plaintiff brought at the trial.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. In full view of the facts stated in Gap evidence No. 1 and Eul evidence No. 2, the facts that the plaintiff and Byung leased KRW 49,000,000 to the defendant on April 2, 2004 on the due date for repayment of April 30, 2004 (hereinafter the loan in this case), and Eul filed a lawsuit claiming the return of the loan in this case against the defendant as the court Order No. 20145396, May 23, 2013, which stated that "the defendant shall pay the defendant KRW 24,50,000 (=49,000,000 divided by the number of creditors)" and damages for delay.
2. Determination as to the claim on the principal lawsuit
A. According to the above facts of recognition as to the cause of the principal claim, the Defendant is obligated to pay to the Plaintiff, one of the creditors, 24,500,000 won (i.e., the amount calculated by dividing 49,000,000 won by the number of creditors) of the instant loan, and to pay damages for delay at each rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from May 1, 2004 to July 2, 2013, which is obvious from the date following the due date of payment to the date of delivery of the copy of the instant complaint to the Defendant.
B. The defendant's defense 1) The defendant asserts to the effect that the lawsuit of this case should be dismissed or dismissed against res judicata since the case of a counterclaim loan and the lawsuit of this case are identical to the case of this case, since C, the party who is the plaintiff, claiming the payment of the loan against the defendant and the lawsuit of this case which C won in favor of the defendant, is the same lawsuit.
The subjective scope of res judicata effect is, in principle, different from the party concerned, the successor subsequent to the closure of pleadings, or the person possessing the object of claims on his/her behalf, except where it is provided that such effect shall also extend to a third party in a family relation lawsuit or company relations lawsuit, etc.