According to the reasoning of the judgment of the court below, if active damages such as medical expenses are one subject of lawsuit, and the judgment becomes final and conclusive after seeking active damages such as medical expenses, etc. in the previous lawsuit, even if the claim is not reserved in the previous lawsuit, the new lawsuit claiming damages such as medical expenses, etc., which occurred after the closing of argument, shall be deemed to be in conflict with the res judicata, and thus, did not withhold the claim in the previous lawsuit. Thus, the court below held that such claim would be in conflict with the res judicata effect, and thus, it would be inappropriate for the court below to hold that such active damages such as medical expenses, etc., arising after the closing of argument in the previous lawsuit would be in conflict with the interests of the previous lawsuit. However, in a lawsuit claiming damages due to tort, unless there are special circumstances, such as the occurrence of damages could not be predicted at the time of the closing of argument in the previous lawsuit, and even if there were special circumstances such as the waiver of the claim, it cannot be said that there were no special grounds for reversal of the previous lawsuit, and therefore, the judgment below did not have any interests in the previous lawsuit.

Therefore, the original judgment is reversed, and the case is remanded to Chuncheon District Court Panel Division which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Hong-chul (Presiding Justice)