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1.For the plaintiff: (a)
Defendant A andB Co., Ltd are jointly and severally liable for 218,971,855 won and 75,808,937 won.
Defendant.
Reasons
Since a judgment in favor of the defendant A, which has become final and conclusive, has res judicata effect, the parties can not file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances such as the interruption of prescription
In such a case, the judgment of a new suit shall 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 all the requirements to assert the established right are satisfied.
(1) The Plaintiff filed a lawsuit seeking the payment of the acquisition amount against Defendant A, etc. under the Seoul Central District Court Decision 2008Da254354, Dec. 19, 2008; and the above court rendered a judgment that “The Plaintiff shall jointly and severally pay the amount calculated at the rate of 20% per annum from May 29, 2008 to the date of full payment,” and that “The Plaintiff shall pay the amount calculated at the rate of 20% per annum from May 29, 2008 to April 24, 2018,” with the entire purport of the pleadings Nos. 1 and 2. In light of the above, the Plaintiff filed a lawsuit claiming the payment of the acquisition amount against Defendant A, etc. under the Seoul Central District Court Decision 2008Da254354, Dec. 19, 208.
According to the above legal principles and the facts of recognition, this court cannot re-examine the plaintiff's claim for the amount of money that has become final and conclusive by judgment as above. Thus, the defendant corporation is jointly and severally liable with Eul to pay 218,971,855 won and 75,808,937 won with 20% interest per annum from May 29, 2008 to the date of full payment.
The reasons for the claim against the defendant B and C are as shown in the attached Form of the claim.
The judgment by publication: the conclusion of Article 208(3)3 of the Civil Procedure Act is that the plaintiff's defendants.