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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the Plaintiff’s assertion, around June 2010, the Defendant did not pay to the Plaintiff KRW 70 million equivalent to the brokerage commission from June 201 to December 2016, even though the Plaintiff agreed to receive 3% interest of the loan each month and pay the Plaintiff the said money that the Plaintiff would receive from the Defendant (hereinafter referred to as “mediation commission”).
2. Determination
A. We examine the claim portion of brokerage commission from June 2010 to December 2010. The filing of a subsequent suit between the same parties with respect to the same subject matter of a prior suit is not permissible because it conflicts with the res judicata of the final and conclusive judgment in the prior suit. As to this case, the Plaintiff filed a lawsuit against the Defendant for a monetary refund, and the first instance court (Seoul Western District Court 2016Na31227) declared the dismissal of the Plaintiff’s claim on November 15, 2016. While the Plaintiff filed an appeal, the appellate court (Seoul Western District Court 2016Na5065) dismissed the Plaintiff’s appeal on September 19, 2017, and the fact that the judgment became final and conclusive around that time is significant.
In addition, the cause of the above prior suit is seeking a brokerage commission from June 2010 to December 2010. This part of the Plaintiff’s assertion is the same as the subject matter of the prior suit, and since the judgment against the Plaintiff became final and conclusive after hearing the Plaintiff’s claim in the prior suit, the judgment of the previous suit extends to the Plaintiff.
Therefore, it is not allowed to make a judgment inconsistent with the above final and conclusive judgment in this case brought to a subsequent suit on the same subject matter as the above prior suit because it goes against the res judicata of the above final and conclusive judgment. Therefore, this part of the Plaintiff’s assertion is without merit without further review
In addition, the plaintiff's assertion on this part is in the preceding lawsuit.