1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Since a judgment in favor of a person who has become final and conclusive in favor of the relevant legal principles has res judicata effect, in principle, the parties shall not be able to institute a new suit on the basis of the same subject matter as that of the final and conclusive judgment, and in exceptional circumstances such as the interruption of prescription, a new suit shall be exceptionally allowed. In such a case, the judgment in favor of the person who has become final and conclusive shall not conflict with the contents of the final and conclusive judgment in favor of the person who has become final

(see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). 2. Recognition

A. On October 14, 1999, the Plaintiff filed a lawsuit against the Defendant with the Gwangju District Court to pay the purchase price of alcoholic beverages supplied to the Defendant for the same purport of the same claim as the instant case, and the Gwangju District Court rendered on February 3, 2000 the judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 1,764,90 and the amount calculated at the rate of KRW 25% per annum from January 26, 2000 to the date of full payment” (the foregoing judgment became final and conclusive on March 11, 200).

B. On January 28, 2010, the Plaintiff filed the instant lawsuit for the purpose of extending the prescription period of the claim established by the said judgment as the same cause of claim as the above judgment.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, a significant fact in this court, and the purport of the whole pleadings

3. Determination

A. According to the relevant legal principles and facts of recognition as to the cause of the claim, the plaintiff filed the lawsuit in this case for the purpose of extending the period of prescription of the claim established by the above judgment, and this court cannot render a judgment inconsistent with the judgment in favor of the plaintiff in the previous lawsuit. The defendant shall not make a judgment against the judgment in favor of the plaintiff. The defendant shall pay 1,764,90 won to the plaintiff and 5% per annum for the plaintiff from January 26, 2000 to May 31, 2003, and Article 3 (1) of the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from the next day to the day of full