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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The Plaintiff’s assertion (former Corporate Liquidation Corporation) acquired a claim for loans (joint surety A, D) from the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Red Industrial Credit Union (hereinafter “Scar”) against Hongsan New Credit Union (hereinafter “Scar”) from the Plaintiff. After then, the judgment was rendered on April 29, 2004 that “C, Defendant A, and D shall jointly and severally pay to the Plaintiff 46,745,099 won and 27,375,415 won with interest of 222% per annum from June 30, 2002 to the day of full payment,” and the above judgment became final and conclusive at that time, against Defendant A and D’s heir for the interruption of the prescription period.
2. Since a judgment in favor of the final and conclusive judgment has res judicata effect, the parties are prohibited from filing a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, in principle, and in exceptional cases where there are special circumstances such as interruption of prescription
However, while the Plaintiff filed a claim in this case for the interruption of extinctive prescription, the period of prescription has been interrupted due to the collection according to the seizure and collection order against C, who is the principal debtor. In fact, according to the records in the evidence Nos. 12 through 15, the Plaintiff shall be deemed to be the execution bond against C based on the above judgment, and on September 22, 2006, the Daejeon District Court issued the seizure and collection order under the title No. 2006TT635 with the title No. 2006TT635 with the title No. 2006, May 28, 2010 and reported it to the above execution court on December 13, 2012 with the collection of KRW 919,769, which was the third debtor, and even on March 5, 2007, the Plaintiff received the same support under the title No. 2007TTT217 and reported it to the execution court on June 31, 20198.