1. The plaintiff's claim is dismissed.

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

On September 17, 2001, the Plaintiff asserted that the Defendant lent KRW 7 million to the Defendant by setting the interest rate of KRW 2% per month. The Defendant asserts that the Plaintiff repeats the same claim.

We examine ex officio.

In a case where the existence of a right or legal relation disputed in a lawsuit has already been disputed and a final and conclusive judgment thereon has been rendered between the same parties, the parties cannot make any objection against it, and the court may not make any decision contrary thereto. Of note, the existence of a final and conclusive judgment above is an ex officio investigation, and the existence of a final and conclusive judgment is not a matter to be determined by the court ex officio and even if there is no objection by the parties (see Supreme Court Decision 2004Du10227, Oct. 13, 2006). According to records and this court’s significant facts, the Plaintiff asserted that “the Defendant 200,000 won was determined and lent 7 million won to the Defendant on September 17, 201 at 20% interest rate per month (hereinafter “request for loans”), and the Plaintiff’s appeal was dismissed on July 22, 2011 due to lack of evidence to acknowledge the above lending, but the final and conclusive judgment was dismissed, 2013Da32161, supra.

Therefore, the plaintiff's claim of this case has res judicata effect as to the above final judgment, and it is dismissed. It is so decided as per Disposition.