A. Defendant B’s KRW 45,00,000 and for this, KRW 5% per annum from January 1, 2002 to November 20, 2008.

A. The Plaintiff filed a lawsuit against the Defendants claiming the payment of loans, etc. under the Suwon District Court’s Ansan Branch 2008Gadan952

B. On September 29, 2008, the above court decided to recommend settlement that "the defendants shall jointly and severally pay to the plaintiff 25 million won until November 20, 2008, but if the above money is not paid by the payment date, the above money shall be paid by adding 12% per annum from the day following the above payment date to the day of full payment."

(hereinafter referred to as “the instant recommendation for reconciliation.” The instant recommendation decision was served on October 7, 2008 to Defendant C and confirmed on October 22, 2008, but Defendant B raised an objection.

C. On November 27, 2008, the above court rendered a judgment that "the defendant B shall pay to the plaintiff 45 million won with 5% interest per annum from January 1, 2002 to March 24, 2008, and 20% interest per annum from the next day to the date of full payment." The above judgment became final and conclusive on January 13, 2009.

(hereinafter referred to as “the judgment prior to the instant lawsuit”) D.

The Plaintiff filed the instant lawsuit against the Defendants for the purpose of suspending the prescription of claims based on the decision of recommending reconciliation in this case or the final and conclusive judgment of the previous suit in this case.

[Reasons for Recognition] Unsatisfy, Each entry of Gap evidence 1 and 2 (including each number), and the purport of the whole pleadings

A. Since a final and conclusive favorable judgment has res judicata effect, the parties cannot bring a new suit on the basis of the same subject matter as the final and conclusive judgment, in principle, or in exceptional circumstances, such as interruption of prescription, a new suit shall be exceptionally allowed. In such a case, the judgment of the new suit shall not conflict with the contents of the final and conclusive judgment in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether all the requirements to claim the established right have been satisfied.

Supreme Court Decision 201No. 24.4. 201