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

The purport of the claim and appeal is the purport of the appeal.

However, we supplement the judgment on the plaintiff's assertion as follows.

2. Supplement of judgment as to the plaintiff's assertion

A. The Plaintiff’s claim of this case seeks a judgment on the legal relationship (i.e., the extinction of the obligation under an ordinary contract, and ② the extinction of the prescription period of the original claim) asserted by the Plaintiff as a defense in the preceding lawsuit. The purport of the Plaintiff’s claim of this case is to newly secure evidence that was not submitted on the ground of the structural correspondence of evidence in the preceding lawsuit and seek correction of misjudgments. Thus, it cannot be deemed that the res judicata of the previous

B. Res judicata of a final and conclusive judgment does not affect the conclusion of the judgment on the existence of legal relations asserted as a subject matter of a lawsuit and does not affect the existence of legal relations premised on such premise (see Supreme Court Decision 93Da52488, Mar. 24, 1995). However, even if the subject matter of a lawsuit is not identical, if the subject matter of a lawsuit in the previous and subsequent suit is considered as a subject matter of a lawsuit inconsistent with the legal relations established in the previous suit, if the subject matter of a lawsuit in the subsequent suit is considered as a subject matter of a lawsuit, the res judicata effect of the judgment in the previous suit extends to the subsequent suit (see, e.g., Supreme Court Decision 2002Da44014, Dec. 6, 2002). The final and conclusive judgment in the previous suit in the instant case (Cheongju District Court Decision 2014Na1490, Jul. 5, 2016).