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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. Basic facts
A. On November 7, 2008, the Plaintiff filed a lawsuit against the Defendant for the claim for the amount of acquisition with the Jincheon District Court Jincheon District Court 2008Gau4427, and was sentenced on October 7, 2008, “the Defendant shall pay the Plaintiff the amount of KRW 10,352,299 as well as the amount of KRW 17% per annum from October 25, 2003 to September 3, 2008 and KRW 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive on November 26, 2008.
(hereinafter referred to as “the judgment of a prior suit”). (b)
On September 18, 2018, the Plaintiff filed the instant lawsuit on September 18, 2018 in order to suspend the completion of extinctive prescription of claims based on the judgment in the prior
[Reasons for Recognition] The entry of Evidence A Nos. 1 and 7, a significant fact in this court, and the purport of the whole pleadings
2. Determination
A. Since a final and conclusive judgment in favor of a party 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 the previous suit in favor of the final and conclusive judgment in favor of the said party, the subsequent suit
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 prescription.
Furthermore, in such a case, the judgment of the subsequent suit shall not conflict with the final and conclusive judgment in favor of the previous suit, and thus, the court of the subsequent suit cannot re-examine whether all requirements are satisfied to assert the established right.
(see, e.g., Supreme Court en banc Decision 2018Da22008, Jul. 19, 2018). (B)
According to the facts acknowledged prior to the determination on the cause of the claim, the Defendant is obligated to perform the obligation according to the judgment in the prior suit, and as at the time of the filing of the instant suit, it is necessary to file the instant lawsuit for the interruption of extinctive prescription.
Therefore, barring any special circumstance, the defendant shall seek from the plaintiff.