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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that the plaintiff filed a claim for indemnity against C as the Jeonju District Court, Kim Jong-si, 2001j.904, and "the defendant (the defendant (the defendant) shall pay 30,042,300 won to the plaintiff with 5% per annum from May 24, 1997 to the service date of the original copy of the payment order of this case, and 25% per annum from the next day to the day of complete payment." The above payment order becomes final and conclusive. C died on March 22, 2005, and C was the heir of C, and the defendants received a decision of qualified acceptance from the court. Thus, the defendants are obligated to pay 15,021,150 won per annum from May 24, 1997 to August 21, 201, and 15% per annum from the next day to the day of full payment.
2. Determination on the legitimacy of the instant lawsuit
A. Since a final and conclusive judgment in favor of one party has res judicata effect, where a person to whom res judicata effect of a final and conclusive judgment in favor of one party in the previous suit files a lawsuit against the other party in the previous suit identical to the previous suit in favor of one party in the previous suit, the subsequent suit
However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is a benefit in a lawsuit for the interruption of prescription.
(See Supreme Court Decision 2005Da74764 Decided April 14, 2006). B.
In full view of the purport of the argument in Gap evidence No. 1, the plaintiff received the payment order (hereinafter "the payment order of this case") from Jeonju District Court, Kim Jong-si Court, 2001j904 against Eul, the predecessor of the defendants, and on August 20, 2001 from the above court, "the defendant (the defendant) shall pay to the plaintiff 30,042,30 won with 5% per annum from May 24, 1997 to the delivery date of the original copy of the payment order of this case, and 25% per annum from the next day to the day of full payment."