1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 9, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of takeover with this Court Decision 2016Da507854, and this Court rendered a favorable judgment against the Defendant that “The Plaintiff shall pay to the Defendant the amount calculated at the rate of 15% per annum from October 7, 2016 to the day of full payment” with respect to KRW 8,969,018 and KRW 2,199,95 among them.

B. On November 28, 2016, the Defendant attached the movable property indicated in the attachment list owned by the Plaintiff as the Incheon District Court 2016No. 9004, based on the foregoing judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) around July 10, 2002, the Plaintiff received (credit) loans from the Seoan Mutual Savings Bank within the limit of KRW 2 million. The above loan claims against the Plaintiff were transferred before the transfer, and the Defendant finally acquired the above loan claims. 2) However, prior to the Defendant’s acquisition date, the above loan claims were already extinguished by the prescription (five years).

3) Therefore, compulsory execution based on the judgment of this court rendered on October 18, 2016 should not be permitted. (B) In special circumstances, such as interruption of prescription, where a new suit based on the same subject matter of lawsuit as the judgment that became final and conclusive exceptionally is permissible, the judgment of the new suit does not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether the requirements for claiming the established right are satisfied.

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998, etc.). Therefore, in order for the Defendant to dispute the final legal relationship of the previous suit in the subsequent suit, the res judicata should be extinguished by filing an appeal for a lawful completion of the final judgment in favor of the previous suit. This is the copy of the previous suit and the original copy of the judgment.