1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 23, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim of reimbursement amount (Seoul Central District Court Decision 2015Da180486), and was sentenced by the said court to the effect that “the Plaintiff shall pay to the Defendant 1,147,200 won and interest calculated at the rate of 5% per annum from November 28, 2013 to May 18, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive as it was by failing to file an appeal against the Plaintiff.

B. As the cause of the instant judgment, the Defendant asserted that “the Plaintiff is obliged to pay the said repair cost to the Defendant who acquired the right to indemnity in accordance with Article 682 of the Commercial Act, as the Defendant, who is the insurer of the automobile insurance contract for SM7 vehicles due to the said accident, was paying KRW 1,147,200 as the repair cost of SM7 vehicle, while driving the B vehicle within the 650-lane-Dong-dong, Ansan-gu, Busan Metropolitan City (hereinafter “Arri-gu”) within the two-lanes from the two-lanes to the one-lanes.”

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 to 6

2. Determination on the cause of the claim

A. At the time of the Plaintiff’s assertion, the owner of the household at the time of the Plaintiff’s assertion is a juristic person, and the Plaintiff is not an owner nor an employee of a juristic person.

Furthermore, it cannot be recognized as excessive amount of reimbursement claimed by the defendant.

Therefore, compulsory execution based on the judgment of this case cannot be allowed because it constitutes abuse of rights.

B. On the other hand, when a judgment becomes final and conclusive, the court or the party concerned has res judicata effect which is not possible to make a judgment or assertion contrary to the final and conclusive judgment, and the res judicata of such final and conclusive judgment shall be based on the time of the conclusion of arguments at the trial court, which is the standard time for the conclusion of arguments, and the fact