1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

On October 20, 2013, the Plaintiff asserted that the cause of the claim occurred. On October 20, 2013, the Plaintiff lent KRW 5 million to the Defendant, and the Defendant repaid KRW 200,000 on November 15, 2013.

Meanwhile, around 2015, the Plaintiff filed a complaint against the Defendant on charges of rape, etc. (Article 63376 of the Busan District Prosecutors' Office 2015). The Defendant agreed to pay the Plaintiff KRW 4,80,000,000,000,000 for the agreement on the case at issue and the remaining loans (=5,000,000,000 won) with the Plaintiff around May 2015, to pay the Plaintiff KRW 4,80,000,000 for each two years from June 2015 to 2017.

Therefore, the defendant is obligated to pay to the plaintiff the remaining loan or agreed amount of 4.8 million won and damages for delay.

First of all, as to the determination of the claim for a loan, whether the Plaintiff lent KRW 5 million to the Defendant on October 20, 2013, the entries of the health class, Gap evidence Nos. 1 and 10 alone are insufficient to recognize it. Since there is no other evidence to acknowledge it, this part of the Plaintiff’s assertion is without merit.

On the other hand, since a final and conclusive judgment has res judicata effect binding upon a party and a court, where a party against the plaintiff filed a lawsuit identical to the final and conclusive judgment against the other party of the previous suit against the plaintiff, the said claim shall be dismissed by making a decision that is inconsistent with the final and conclusive judgment (see Supreme Court Decision 76Da1488, Dec. 14, 1976). Since the existence of res judicata effect of the final and conclusive judgment is a matter of ex officio examination, even if the defendant did not assert it, the court shall ex officio deliberate and determine it.

(See Supreme Court Decision 89Meu2329, Oct. 23, 1990). In addition to the purport of the entire pleadings in the statement No. 1, the Plaintiff filed a lawsuit against the Defendant for reimbursement of damages amounting to KRW 10 million with the Busan District Court Decision 2016Da38429, Oct. 23, 1990, and the said lawsuit shall be paid to the Plaintiff.