1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In full view of the contents of evidence Nos. 1 and 2 as a whole, the plaintiff filed a lawsuit against the defendant for the payment of the acquisition amount under the Incheon District Court 2008da55015 (hereinafter "the previous lawsuit of this case") and the lawsuit of this case was initiated by service by public notice, and on September 10, 2008, "the defendant shall pay to the plaintiff 52,315,607 won and 27,234,281 won with 17% interest per annum from March 18, 2008 to the day of full payment," and it can be acknowledged that the judgment became final and conclusive on September 25, 2008.

Meanwhile, on August 13, 2018, the fact that the Plaintiff applied for the instant payment order for the extension of the extinctive prescription of the claim established by the said judgment is apparent in the record.

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the money pursuant to the judgment in the prior suit that became final and conclusive to the plaintiff. Since the lawsuit in this case was filed for the extension of extinctive prescription of the claim based on the judgment in the prior suit, there is benefit of lawsuit as re-

The Defendant’s principal and interest obligations calculated as of August 10, 2018, based on the foregoing judgment amount, are as listed below. As such, the Defendant is obligated to pay to the Plaintiff 99,602,527 won and 27,234,281 won among them, with 15% interest per annum, as the Plaintiff seeks, from August 11, 2018 to the date of full payment.

3. The Defendant asserts that the judgment of the lower court on the Defendant’s assertion is unfair and the Plaintiff’s claim has already been extinguished by public notice.

However, there are special circumstances, such as interruption of prescription, even if a new suit based on the same subject matter of lawsuit is exceptionally allowed, the judgment of the new suit does not conflict with the final and conclusive judgment of the previous suit. As such, the court of the subsequent suit satisfies the requirements for claiming the established right.