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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The plaintiff filed a lawsuit against the defendant, B, and C with the Seoul Central District Court 2008Gahap89663 on March 12, 2009. The above court paid to the plaintiff 870,014,288 won and 221,961,571 won among them with 18% interest per annum from July 9, 2008 to September 23, 2008; 20% interest per annum from the next day to the day of full payment; 38,078,038 won among the above amount; 163,961,571 won to the above amount; 205% interest per annum from July 9, 2008 to September 23, 2008 to the day of full payment; 30% interest per annum 209 to the day of full payment; 30% interest per annum 209 to the day of full payment; 40% interest per annum 185% per annum and 97% interest per annum 18.
(hereinafter referred to as “the final judgment of this case”). 【The ground for recognition】 The entry of evidence No. 1 and the purport of the whole pleadings
2. Since a judgment in favor of the final and conclusive judgment has res judicata effect, where the party who received the final and conclusive judgment in favor of the other party files a lawsuit against the other party for the same claim as that of the previous suit in favor of the final and conclusive judgment, the subsequent suit is unlawful as there is no benefit in the protection of rights.
However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of extinctive prescription. In such a case, the judgment of a subsequent suit does not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit cannot re-examine whether all the requirements to assert the established right are satisfied.
(See Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018) According to the above facts of recognition, the Defendant is either KRW 870,014,288 according to the final judgment of the instant case and the Plaintiff’s 221,961.