1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff filed a lawsuit against the defendant as Busan District Court 2007Gaso823250 (hereinafter "the previous lawsuit of this case") and the lawsuit of this case was initiated by service by public notice, and on September 23, 2008, "the defendant shall pay to the plaintiff 2,847,941 won and interest calculated at the rate of 17% per annum from October 25, 2003 to September 9, 2008, and 20% per annum from the next day to the day of full payment." The plaintiff is affirmed in favor of the plaintiff that "the defendant shall pay to the plaintiff 2,847,941 won and interest calculated at the rate of 20% per annum from the next day to the day of full payment."

Meanwhile, the fact that the Plaintiff applied for the instant payment order (the first instance court of this case) for the extension of the extinctive prescription of the claim established by the above judgment on May 29, 2018 is apparent in the record.

According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the money according to the judgment in the prior suit finalized to the plaintiff. Since the lawsuit in this case was filed for the extension of the extinctive prescription of the claim based on the judgment in the prior suit, the benefit of the lawsuit as a re-litigation

Therefore, the defendant is obligated to pay to the plaintiff 2,847,941 won and 17% interest per annum from October 25, 2003 to September 9, 2008, 20% per annum from the next day to September 30, 2015, and 15% per annum as requested by the plaintiff from October 1, 2015 to the day of full payment.

Judgment on the defendant's argument

A. The defendant's assertion that, at any time, the plaintiff could not respond to the plaintiff's claim because he was unaware of whom he acquired the claim against the defendant.

B. Even in cases where a new suit based on the same subject matter of a lawsuit is exceptionally allowed due to special circumstances, such as interruption of prescription, etc., the judgment of the new suit does not conflict with the final and conclusive judgment in favor of the previous suit, and thus, the court of the subsequent suit becomes final and conclusive.