1. The defendant shall pay 83,57,376 won to the plaintiff and 20% per annum from September 4, 2009 to the day of complete payment.

1. Determination as to the cause of claim

A. Facts of recognition 1) The plaintiff was the defendant on August 30, 2004 (the trade name was C at the time).

Since then, all before and after the change of trade name is the defendant.

(2) On September 17, 2009, the court sentenced the Plaintiff to pay the amount calculated at a rate of 20% per annum from September 4, 2009 to the date of full payment (hereinafter “previous judgment”) and the previous judgment became final and conclusive on October 8, 2009, when the Defendant entered into a credit transaction agreement as of December 14, 2004 with the credit limit amount of KRW 400,000,000,000, and the date of expiry of the credit extension.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

B. Determination 1) Since a final and conclusive judgment in favor of one party has res judicata effect, where a party who has received a final and conclusive judgment in favor of one party files a lawsuit against the other party in the previous suit against the same claim as that of the final and conclusive judgment in favor of one party in the previous suit, the subsequent suit is unlawful as there is no benefit in the protection of rights. However, exceptional cases where the ten-year lapse period, which is the period of extinctive prescription of a claim based on a final and conclusive judgment, is clear, there is benefit in the lawsuit for the interruption of prescription (see, e.g., Supreme Court Decision 87Da1761, Nov. 10, 1987).

2. The defendant's assertion that the defendant's previous judgment was previously rendered on September 17, 2009 and the plaintiff applied for a payment order on September 27, 2019, and the plaintiff's claim was completed ten years after the expiration of the extinctive prescription period under Article 165 (1) of the Civil Act.

The Civil Code;