(hereinafter “instant judgment”). 【No dispute exists, entry of evidence A Nos. 1 and 2, and the purport of the whole pleadings.”

2. According to the facts found in the judgment as to the cause of the claim, the Defendants are jointly and severally liable to pay 28,142,466 won and 5% interest per annum from May 25, 2005 to February 7, 2006, and 20% interest per annum from the next day to the full payment.

3. On the determination of the Defendants’ assertion, the Defendants asserted that the money paid by the Plaintiff is not a security deposit, but a premium paid by Defendant B and Defendant D, the wife of Defendant C, received and delivered the said money to the former lessee E. Therefore, the Defendants did not have a duty to return the said money to the Plaintiff.

Since a final and conclusive judgment in favor of a party has res judicata effect, the parties cannot file a new suit based on the same subject matter as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances, such as interruption of prescription, a new suit shall be allowed exceptionally. In such a case, the judgment in favor of a new suit shall not conflict with the contents of the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit shall not re-examine whether all requirements are satisfied

(see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). However, as seen earlier, the Plaintiff is at the final and conclusive judgment of the previous suit.