1. The defendant shall pay 70 million won to the plaintiff and 20% per annum from April 24, 2009 to the day of complete payment.

According to Gap evidence Nos. 1 and 2, the plaintiff filed a loan claim lawsuit against the defendant with the Seoul Central District Court on Jan. 14, 2010, and sentenced to the above court on Jan. 14, 2010 that "the defendant shall pay to the plaintiff 70 million won and the amount calculated by the rate of 20% per annum from Apr. 24, 2009 to the day of full payment." The above judgment can be recognized as final and conclusive on Feb. 6, 2010. The plaintiff filed the lawsuit in this case for the interruption of the extinctive prescription of claims under the final and conclusive judgment on Jan. 31, 2020, which is ten years after the lapse of 10 years from the time the judgment became final and conclusive. Thus, the defendant is obligated to pay to the plaintiff a loan claim 70 million won and damages for delay calculated at the rate of 20% per annum from Apr. 24, 2009 to the day of full payment.

Although the defendant asserts that there is no fact of borrowing KRW 100 million from the plaintiff, it is not permissible to seek a judgment that is inconsistent with the existence of legal relations determined in the final and conclusive judgment of the previous suit by asserting the method of attack and defense that existed prior to the closing of argument in the previous suit in the previous suit, which is the same subject matter of lawsuit as the final and conclusive judgment of the previous suit, against the res judicata effect of the final and conclusive judgment

The plaintiff's claim shall be accepted, and it is decided as per the Disposition.