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1. The Defendants jointly and severally pay to the Plaintiff KRW 93,481,355 and KRW 21,29,628 among them.
Reasons
In full view of the purport of the argument in Gap evidence No. 1, the plaintiff filed a lawsuit against the defendants as Seoul Central District Court Decision 2004Da101025, Oct. 12, 2004; and sentenced on Oct. 12, 2004, "the defendant jointly and severally pays to the plaintiff 54,513,837 won and 21,941,280 won with interest of 18% per annum from March 13, 2014 to the date of full payment." The above judgment is recognized to have become final and conclusive on Dec. 18, 2004.
According to the above facts of recognition, the Plaintiff filed the instant lawsuit for the purpose of the extension of the prescription period of the claim pursuant to the above judgment, and the Defendants jointly and severally seek to pay 93,481,355 won and 21,299,628 won and 18% interest per annum from July 2, 2014 to the date of full payment.
In this regard, Defendant B did not claim that there was no joint and several sureties.
Even in cases where a new suit is allowed based on the same subject matter as a final and conclusive judgment which has become final and conclusive exceptionally due to special circumstances, such as the following cases and interruption of prescription, the judgment of a new suit does not conflict with the final and conclusive judgment in favor of the previous suit. As such, the court in the subsequent suit cannot re-examine whether the requirements for claiming the established right have been satisfied. In order to dispute the legal relationship of the final and conclusive judgment in the prior suit, first, the final and conclusive judgment in favor of the previous suit ought to be extinguished by filing a lawful appeal for subsequent completion
However, unless there is any evidence to prove that the above defendant has extinguished the res judicata of the above judgment, this court cannot make any other judgment because it is bound by the res judicata of the above judgment, so the above argument is without merit.
If so, the plaintiff's claim against the defendants is justified and accepted.