A. The plaintiff filed a lawsuit against the defendant for the claim for the takeover amount against the defendant and rendered a favorable judgment in favor of the plaintiff on February 21, 2008 to the effect that "the defendant shall pay to the plaintiff 69,074,607 and 14,478,00 won per annum 28% per annum from October 23, 2007 to the date of full payment, 16,508,409 won per annum 25% per annum from October 23, 2007 to the date of full payment." The above judgment was finalized on March 12, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including additional number), purport of the whole pleadings

B. In order to prevent the completion of the extinctive prescription of the claim for the amount of takeover which has become final and conclusive by a judgment, the Plaintiff filed the instant lawsuit against the same subject matter of lawsuit, and as such, in exceptional cases where the filing of a new lawsuit is exceptionally permitted due to special circumstances such as interruption of prescription, the judgment of the new lawsuit does not conflict with the judgment of the final and conclusive judgment in favor of the previous lawsuit. Therefore, the Defendant is obliged to pay the Plaintiff

2. The defendant asserts that the claim of this case based on the final and conclusive judgment of the previous suit has expired by the ten-year extinctive prescription.

On March 19, 2018, when ten years have elapsed since March 12, 2008, the date when the judgment in the previous lawsuit became final and conclusive, the claim established by the judgment applies for a ten-year extinctive prescription pursuant to Article 165 of the Civil Act. However, according to the evidence Nos. 2 and 3, the plaintiff applied for a payment order with respect to the same acquisition amount, which is a subject matter of lawsuit, as of February 2, 2018, by the Youngcheon District Court, Youngcheon-gun District Court 2018, Pyeongtaek-gun District Court 2018, the plaintiff applied for a payment order with respect to the same acquisition amount, which is a subject matter of lawsuit, on February 26, 2018, and it is recognized that the lawsuit in this case was filed within six months from the date when the above application was withdrawn on February 26, 2018.