A. The Plaintiff filed a lawsuit against the Defendant for the agreed amount claim as the Daegu District Court 2008Gahap4395, and on September 15, 2009, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 210 million up to December 31, 2009, and if the payment is delayed, the unpaid amount shall be paid by adding 20% per annum to the date of full payment from the following day to the date of full payment.”

(hereinafter referred to as “instant conciliation,” and accordingly, the conciliation protocol is “instant conciliation protocol”). (B)

The Plaintiff filed the instant lawsuit on June 26, 2019 to suspend the completion of extinctive prescription of the claim following the instant conciliation.

C. Meanwhile, the Defendant did not pay the Plaintiff money for the instant conciliation until the date of the closing of the argument after the instant conciliation was completed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. Since a final and conclusive judgment in favor of the relevant legal doctrine has res judicata effect, where the party who received the final and conclusive judgment in favor of the other party files a lawsuit against the other party for the same claim as the previous suit in favor of the final and conclusive judgment in favor of the said party, the subsequent

However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.

Furthermore, in such a case, the judgment of the subsequent suit shall not conflict with the final and conclusive judgment in favor of the previous suit, and thus, the court of the subsequent suit cannot re-examine whether all requirements are satisfied to assert the established right.

(see, e.g., Supreme Court en banc Decision 2018Da22008, Jul. 19, 2018). (B)

According to the above facts of recognition as to the cause of claim, the defendant is obligated to perform the obligation following the instant conciliation to the plaintiff.