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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 22, 2013, the Plaintiff agreed to repay KRW 50,00,000,000, out of KRW 150,089,145,00 for advanced companies and unpaid scrap metal, until April 22, 2013, KRW 100,089,145, which is the remainder, until May 5, 2013.
B. On May 10, 2013, the Defendant, based on the executory exemplification of the judgment in the Seoul Western District Court 2013Kadan221179 claim amounting to KRW 1,237,378,866 on the basis of the executory exemplification of the judgment, was issued a provisional attachment order regarding the above claim that advanced company had against the Plaintiff by Suwon District Court KRW 2013Kadan1517.
In addition, on April 29, 2015, the Defendant issued an order to transfer the claim attached to KRW 1,629,823,936 to the above KRW 1,237,378,866 as the principal seizure; and the remainder of KRW 392,445,070 as the remainder of the order to seize and collect the above claim against the advanced Plaintiff, respectively; and the above seizure and collection order was served on the Plaintiff on May 18, 2015.
C. The Defendant filed a lawsuit against the Plaintiff with the Suwon District Court 2015Gahap65410, which stated that “the Defendant shall pay to the Plaintiff 237,264,210 won and the amount at the rate of 5% per annum from July 15, 2015 to September 17, 2015, and 20% per annum from the next day to the day of full payment,” and the above judgment was finalized on October 8, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence No. 1, the purport of the whole pleadings
2. On April 30, 2013, prior to the decision of provisional seizure of the instant claim, the gist of the Plaintiff’s assertion, the Plaintiff paid the full amount of the said agreement to advanced companies, thereby extinguishing all obligations owed to the Plaintiff’s advanced companies.
Therefore, there is no obligation to collect money by the final judgment of the court of Suwon District Court 2015 Ma65410 against the defendant.
3. Res judicata means a subsequent suit that is identical to the subject matter of a prior suit that has res judicata effect.