구상금 등
1. The Defendants shall pay to the Plaintiff 12,03,789 won each per annum from February 2, 2007 to the day of full payment.
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
(2) The Plaintiff filed a lawsuit against the Defendants on February 6, 2009, with the same content as indicated in the main text of Paragraph (1) of the Disposition Nos. 1 and 2 (see, e.g., Supreme Court Decision 2017Da293858, Apr. 24, 2018). In the instant case, according to the overall purport of the Evidence Nos. 1 and 2, the Plaintiff filed a lawsuit against the Defendants, including a claim for reimbursement, etc. (see, e.g., Supreme Court Decision 2007Gadan124, Feb. 6, 2009). The said judgment became final and conclusive on March 24, 2009, and the fact that the Plaintiff filed the instant lawsuit on August 1, 201
Therefore, the defendants are obligated to perform the obligation of indemnity as stated in the above judgment to the plaintiff, and the defendants cannot contest the occurrence of the obligation established by the above judgment in the lawsuit of this case.
Therefore, the plaintiff's claim against the defendants of this case is justified and it is so decided as per Disposition.