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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion was lent 540,00 won to the defendant around the end of July 2001 by the method of substitute payment, and the defendant is obligated to pay the above 540,000 won to the plaintiff.
2. Res judicata of a final and conclusive judgment extends to the judgment on the existence of legal relations asserted as a subject matter of a lawsuit. Therefore, the same party’s filing of a subsequent suit against the same subject matter of a lawsuit between the parties is not permissible as it conflicts with the res judicata of the final and conclusive judgment in
According to the evidence evidence Nos. 1 through 4, the plaintiff filed a lawsuit against the defendant and C as Incheon District Court 2013 Ghana54362 (hereinafter "the former lawsuit of this case"), and the plaintiff lent 5,40,000 won to the defendant in the former lawsuit of this case as the expenses for Korean uniforms and requested payment to the defendant. The above court dismissed all of the principal claim and counterclaim claims on September 2, 2013. The plaintiff appealed with the above court 2013Na191444 (the main lawsuit of this case), and the above appellate court rejected the plaintiff's allegation on October 17, 2014 on the ground that there is no evidence to acknowledge the above assertion by the plaintiff, and the plaintiff dismissed the plaintiff's appeal as the plaintiff's dismissal under the Supreme Court Decision No. 2016Da5275, May 26, 2014.
According to the above facts of recognition, the claim of this case is to seek payment again to the defendant with respect to the part against which the plaintiff lost as to the same subject matter of lawsuit as the part of the previous suit of this case. Thus, the lawsuit of this case is not allowed because it conflicts with the res judicata of the final and conclusive judgment
3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance which dismissed the lawsuit of this case which was filed prior to the confirmation of the lawsuit of this case was unfair, but only the plaintiff appealed.