2. The costs of lawsuit shall be borne by the Plaintiff.

(hereinafter “instant loan agreement.” However, from August 2010 to the closed school of this case, it was difficult for the Plaintiff to operate the Plaintiff’s Juvenile Training Center due to water leakage and mycoi in the closed school of this case, and the Plaintiff requested the Defendant to repair it. However, the Defendant did not perform the repair obligation, but rather interfered with the Plaintiff’s business, such as attaching a warning board of no access due to the aging of the closed school of this case.

In addition, the Plaintiff, after the expiration of the instant loan agreement, changed its use from the Youth Training Center to the tourist farm, received a loan of the instant closed school, but the Defendant rejected it unfairly.

The Plaintiff suffered property or mental damage equivalent to KRW 467,173,100 due to the Defendant’s nonperformance or tort, but sought partial payment of KRW 100,000,000 and damages for delay.

2. Determination

A. The defendant's judgment on the defendant's main defense was affirmed in favor of the plaintiff by filing a lawsuit against the plaintiff, such as removal of buildings and delivery of real estate upon the termination of the loan agreement of this case. Since the plaintiff in this case rejected the plaintiff's defense of the same contents as the cause of the claim of this case, the plaintiff's claim of this case in this case is unlawful because it

However, in cases where a party who received a final and conclusive judgment in favor of one party institutes a lawsuit again against the other party to the previous suit identical to that of the previous suit, barring any special circumstance, the subsequent suit is unlawful as there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 2017Da23066, Nov. 14, 2017). However, barring any special circumstance, the party against whom the lost final and conclusive judgment