1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

1. Basic facts

A. On December 21, 2000, the court filed a lawsuit against the Defendant for damages claim against the Changwon District Court 2000Na155, Changwon District Court 2000, and the above court rendered a judgment against the Defendant that “the Defendant shall pay to the Plaintiff 11,061,000 won and the amount calculated by the rate of 5% per annum from December 1, 2000 to December 21, 200, and 25% per annum from the next day to the date of full payment” (hereinafter “the final judgment of this case”). The above judgment became final and conclusive on January 12, 2001.

B. The deceased on February 25, 2001, the deceased on February 25, 2001, and the wife, the plaintiff C and E were co-inheritors with 3/7 shares, and 2/7 shares, respectively.

C. The Plaintiffs filed the instant lawsuit to interrupt extinctive prescription of claims based on the aforementioned final judgment.

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

2. Determination as to the cause of claim

A. Since a final and conclusive judgment in favor of one party has res judicata effect, where a party who has received a final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit identical to the previous suit in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of a claim based on the final

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.). B.

As to the instant case, the facts charged on December 20, 201, when the ten-year period from January 12, 2001, when the final and conclusive judgment of the instant lawsuit became final and conclusive, are apparent in the record, and thus, there is benefit in the instant lawsuit as it was instituted for the interruption of the extinctive prescription of the claim based on the final and conclusive judgment of the instant case.

C. According to the above facts, the defendant ordered payment in the above final judgment to the plaintiffs, the heir of the net G, unless there are special circumstances.