1. The defendant shall pay to the plaintiff KRW 5 million and KRW 33 million among them from January 1, 1996, and KRW 22 million.

On March 10, 2006, the Plaintiff filed a lawsuit against the Defendant (Seoul Southern District Court 2005da84352) seeking the payment of the loan, and the judgment ordering the Plaintiff to pay the money as stated in paragraph (1) of this case (hereinafter “the judgment of the previous suit”) was rendered on March 10, 2006. The judgment became final and conclusive on April 6, 2006 does not conflict between the parties, or it is recognized in full view of the purport of the pleadings in each of the statement in subparagraphs 1 through 4 above. As such, the Defendant is obligated to pay to the Plaintiff the amount of money of KRW 55 million and KRW 3 million from January 1, 1996 to December 22, 30 million, calculated at the rate of 20% per annum from December 30, 2005 to the date of full payment.

In regard to this, the Defendant asserts that the filing of the instant lawsuit constitutes a duplicate suit and thus, it is unlawful for the Plaintiff to enforce compulsory execution on the Defendant’s property. As such, if the enforcement of compulsory execution is practically difficult because the ten-year extinctive prescription period of a claim based on a final judgment is imminent, then for the interruption of prescription, a judicial claim with respect to the same content is inevitable, regardless of whether compulsory execution was possible prior to the final judgment. Therefore, even if a final judgment became final and conclusive, it cannot be deemed that the same lawsuit violates the provisions prohibiting the completion of extinctive prescription or double lawsuit (see Supreme Court Decision 87Meu1761, Nov. 10, 1987). Accordingly, the instant lawsuit is identical to the instant lawsuit for the interruption of prescription on April 1, 2016, which is the date on which the judgment in the prior suit became final and conclusive, and even if the instant lawsuit was filed prior to the lapse of ten-year extinctive prescription period, it is possible to file the instant lawsuit prior to the final and conclusive judgment in the instant lawsuit.